In one of his first high-profile decisions after taking office earlier this month, Baltimore\u2019s new top prosecutor declined to bring criminal charges against a local police officer who fatally shot a fleeing teenage driver last year.
\nThe decision came despite an investigative review that found the driver \u201cno longer posed a threat\u201d when Baltimore police officer Connor Murray fired the fatal shot. Murray and other officers were pursuing Donnell Rochester, 18, for outstanding bench warrants resulting from his failure to appear on a pending carjacking charge.
\nBaltimore State\u2019s Attorney Ivan Bates released his decision last week. The former defense attorney was elected last year after defeating then-incumbent Marilyn Mosby in a Democratic primary. Mosby gained national recognition after bringing criminal charges against the officers involved in\u00a0Freddie Gray\u2019s 2015 death.
\nAfter reviewing evidence from the February 2022 police shooting, Bates found two officers acted \u201creasonably and lawfully\u201d when they opened fire on Rochester\u2019s moving vehicle, according to a report from his office. Rochester was driving toward Murray, creating a \u201clife threatening situation,\u201d the report said.
\nBut another review of the case \u2014 conducted by the Maryland Attorney General\u2019s Independent Investigations Division \u2014 found prosecutors could likely prove Murray committed voluntary manslaughter. That review was released Tuesday.
\nThe division, which investigates fatal encounters with law enforcement, was created in 2021 amid a push among Maryland legislators to increase police accountability across the state. Though its investigators release their findings to local prosecutors and the public, the written reports stop short of recommending criminal charges or lack thereof; charging decisions ultimately fall to local prosecutors.
\nOf the 27 cases reviewed by the division since fall 2021, none have resulted in charges against the officers involved, according to agency data. Nearly half the cases are still under investigation or awaiting a charging decision.
\nThe argument for voluntary manslaughter in the Rochester case focuses on the fourth shot Murray fired, which lodged in Rochester\u2019s chest, killing him. That shot \u2014 the only one that struck Rochester \u2014 could likely be considered unreasonable because Murray pulled the trigger moments after jumping away from the moving vehicle, falling down and removing himself from its path.
\nHowever, investigators also said the standard for legal review specifically notes police officers \u201care often forced to make split-second judgments \u2014 in circumstances that are tense, uncertain, and rapidly evolving \u2014 about the amount of force that is necessary in a particular situation.\u201d
\nWith less than a second in between the third and fourth shots, investigators said, it\u2019s possible Murray didn\u2019t have time to realize the threat had passed and act accordingly.<\/p>\n
Rochester had evaded a traffic stop minutes earlier, then parked on a residential street and exited his car. He got back behind the wheel and started driving off when he saw police approaching on foot. The violent encounter unfolded within seconds.
\nAfter the shooting, Rochester\u2019s car came to a sudden stop, and he stepped out with his hands up before falling to his knees, bodycam footage shows. He was pronounced dead after medics arrived and brought him to a hospital.
\nIn the weeks that followed, protesters gathered outside City Hall and Baltimore Police Headquarters, demanding criminal charges against the officers involved. Rochester\u2019s loved ones described his infectious smile and dreams of becoming a Hollywood star. They questioned why Rochester was killed over a missed court date.
\nMoments after firing his service weapon, Murray said he thought Rochester\u2019s car hit his leg, but then he changed his account, saying it must have missed him, according to the investigative report. Murray, who joined the Baltimore police force after completing training academy in 2019, wasn\u2019t involved in any prior shootings.
\nInvestigators said Murray may have experienced pain from falling and assumed the car struck him. \u201cOn the other hand,\u201d they said, he could have been trying to \u201cexaggerate the threat he faced, thereby attempting to make his use of force appear more reasonable.\u201d
\nAfter Murray\u2019s four shots, another officer, Robert Mauri, fired twice from down the street. Neither of his bullets struck Rochester.
\nMauri later said he believed his colleague was about to be run over, a statement investigators found credible. But they said prosecutors could consider an attempted voluntary manslaughter charge against Mauri because he should have realized the other officer was no longer in danger before pulling the trigger.
\nIn addition to analyzing potential criminal charges, investigators considered whether the officers violated the Baltimore Police Department\u2019s internal policies during the encounter.<\/p>\n