Two Baltimore police officers have accepted “minor disciplinary action” for their involvement in the 2015 arrest of
The discipline is the first punishment against officers in the case after local prosecutors failed to secure criminal convictions and federal prosecutors declined to bring charges.
It also clears the way for the officers, who were involved in the initial chase and arrest of Gray, to remain on the force.
"The most important factor in deciding to accept the disciplinary action was to ensure they continue their employment with the Baltimore Police Department so they can support themselves and their families," Davey said.
Davey would not disclose what violations were alleged by the department or the punishments the officers accepted. He said Miller, 28, is back to full-time duty working in the police department's marine unit, and Nero, 31, is back to full-time work in the aviation unit.
The Baltimore Sun reported previously that Nero and Miller faced five days suspension without pay.
Gray died in police custody in April 2015. His death set off protests; on the day he was buried, Baltimore erupted in riots, arson and looting.
Three other officers — Officer
But those dates are now in question after the officers' attorneys filed a joint motion in Baltimore Circuit Court on Tuesday asking to delay their trial boards in light of an undisclosed meeting they allege Baltimore police officials had with police commanders from other agencies who have been identified as potential trial board chairs.
The officers’ attorneys say city officials met inappropriately with the Prince George’s County and
The outside commanders were identified as Capt. Cynthia Ruff and Maj. Irene Burks and Maj. Robert Clark from Prince George's County and Capt. Peter Spaulding of the Maryland State Police. Burks and Spaulding are the "permanent chairpersons" for trial boards in their own jurisdictions, the officers' attorneys said.
By holding the undisclosed training, the attorneys say, the Baltimore Police Department "has now brought into question the fairness of any administrative hearing board" involving the above commanders, and those commanders should be excluded from the process.
Police spokesman T.J. Smith said police "hope to have the situation resolved quickly."
Smith declined to comment on the decisions of Nero and Miller to forgo trial boards and accept punishment, citing laws protecting personnel information. Andre Davis, the city solicitor, also declined to comment.
The punishments are the result of outside reviews of their actions in relation to departmental policies, conducted by police departments in Montgomery and Howard counties.
Those agencies have refused to discuss their findings and have rejected requests under the
Miller is the officer who initially arrested Gray for carrying a knife in West Baltimore on the morning of April 12, 2015. Nero arrived at the scene shortly after and helped place Gray in the back of a police transport van. Gray was handcuffed and shackled but not restrained with a seat belt.
According to local prosecutors and medical examiners, Gray suffered a severe spinal cord injury in the back of the van. He died a week later.
Baltimore State’s Atty.
After Goodson, Rice and Nero were acquitted, Mosby dropped the charges against the rest.
The U.S. Justice Department investigated and declined to file federal criminal civil rights charges.
The city paid Gray's family $6.4 million to avoid civil litigation.