Baltimore's new state's attorney, Gregg L. Bernstein, got elected by promising that his close alliance with police would help make the city safer. Opponents warned of an end to prosecutorial oversight that would let cops run roughshod over city residents.
What no one expected was a case that could not only pit the community against police but also police against police. The Jan. 9 fatal shooting of plainclothes Officer William H. Torbit Jr. by four of his colleagues who mistook him for a suspect is the top prosecutor's first test, occurring just days after he took office.
"He's got quite a dilemma," said A. Dwight Pettit, a prominent defense attorney who has represented many people shot by city police. "Yes, he's got to be buddy-buddy with the police commissioner. But at some point he's got to step above that. This is that moment.
"He campaigned on even law enforcement across the board, and now he's head of the state's attorney's office rather than a politician," said Pettit, who has been contacted by wounded civilians and Torbit's family as they consider whether to file lawsuits. He also represents the family of a Marine killed by off-duty officer Gahiji Tshamba in June. The family of Tyrone Brown is seeking $270 million.
"I'm going to give him the benefit of the doubt that he's going to act as a lawyer," Pettit said, "find out what happened and do the correct thing in the name of the law and for the citizens of Baltimore."
Former Prince George's County State's Attorney Glenn Ivey, who left office last month after serving two terms and is now a partner at Venable law firm, said he faced four police-involved shootings in the opening days of his tenure in 2002.
Like Bernstein, Ivey enjoyed the backing of his county's Fraternal Order of Police. But he said those ties must be shoved aside when dealing with actual cases, and that his supporters need "to understand that you're going to call the balls and strikes, and you're going to call it straight."
He said Bernstein needs to "make it clear to the public he's being open-minded and at the end of the investigation, to the extent that he can, he's got to put everything out in public to let people know he's not afraid to let them draw their own conclusions but also that he's confident in his own decision."
When police detectives conclude their investigation, Bernstein will have to make a decision that will unavoidably anger police or city residents, or both, in a politically charged and emotional case involving 41 police bullets fired amid a crowd outside a nightclub on North Paca Street.
Was Torbit wrong to fatally shoot unarmed civilian Sean Gamble six to eight times in the chest during a fight? Were four uniformed officers wrong to open fire on Torbit, not knowing he was a fellow cop? Three civilians were also wounded in the fracas.
Bernstein, who has declined to comment on the case, could decide that none of the officers' actions were criminal and leave it up to police to sort out any problems, through administrative sanctions, training, or both.
The prosecutor could decide Torbit was legally wrong to shoot Gamble and the other cops were right to shoot Torbit. Or he could decide Torbit was justified in shooting Gamble and the other cops were wrong to shoot Torbit. He could decide no one broke any law. He could take the case to a grand jury, recommend they prosecute somebody or take no position at all, and let the citizens on the panel come to their own conclusion.
A study by a Harvard University professor about police-on-police shootings across the country found that most officers are never prosecuted. But few cases involved civilian casualties, as does the case in Baltimore. Thus far, there has been little criticism by residents or police in the Torbit case, but that is likely to change after today's funeral and grief gives way to questioning, inquiries and possibly lawsuits.
Already, the mayor's decision to allow an outside review has sparked anger at the police union hall and added a new political dimension to the case. Bernstein's wife, Sheryl Goldstein, is the mayor's chief advisor on crime issues, and the order from City Hall for independent oversight on police policies and practices comes as her husband has to decide whether the officers involved committed any crimes.
Warren A. Brown, a defense attorney who campaigned for Bernstein and sat in on interviews for at least one of his top aides, said it appears all the officers were legally justified in firing their weapons, though he called the case "a tragedy."
He called Bernstein "a guy of great integrity" but conceded, "No matter what decision he makes, half the people will be in favor of him and half the people will be complaining. And there will always be skepticism because of his relationship with the police and his wife.
"He just has to do the right thing," Brown said. "And to hell with the repercussions."