Police vans in Baltimore have seat belts in the back, and their use is required. The cops who placed Gray in the van, drove him around, and had interactions with him during the trip were responsible for him the moment they took him into custody. That means they were responsible for making sure he was properly secured, and their failure to do is a major factor in his death.
The seat belt requirement was a new safety rule, not a law for prisoners that chose to be seated. There is no evidence that the prisoner died in the seat. He most likely (and unwisely) stood and fell.
If a jailer or driver is criminally responsible for unwise actions by prisoners, they should keep them strapped down to the floor in four point restraints no matter where they are. After all, they fall in vans, cells, exercise yards; they hang themselves, or even kill themselves accidentally while trying to escape. Jailers are not criminally liable for the prisoners willful actions - even if the jailer chooses not to subject the prisoner to additional "safety" restraints.
It is extremely unlikely Gray could have stood up in the back of a moving van while wearing handcuffs and leg shackles. And we know standing was not necessary for him to have suffered a broken neck. It's far more likely he was not in control of his motions during the van ride (that's purpose of putting someone in handcuffs and shackles BTW). And we know that Gray couldn't have stood up if he'd been secured with a seat belt, so even this unlikely scenario doesn't actually excuse the cops failure to secure him with a seat belt.
Incorrect. The ME specifically offered a couple of possible scenarios, but stated that the cause, most consistent with the evidence, was a fall from a standing position.
“While it cannot be excluded that this injury could occur while lying on the floor and sliding back and forth with the movement of the van, the likelihood of sufficient acceleration/deceleration to generate the energy needed is less likely in this position.”
“Further, the most significant impact to the head and the impact consistent with the neck injury is on the left lower back area of the head, is not consistent with injury in this prone position.”
“Although Mr. Gray was placed belly down on the floor of the van at the 2nd stop, he would have been able to get to his feet using the bench side and the opposite wall. As the clearance between the interior floor and roof was approximately 4 feet (Mr. Gray measured 5’9″ in length), he would have been hunched over with his neck in a flexed position if he had risen off the floor.” ...
“An unexpected turning motion, acceleration or deceleration of the van would have precipitated him into the side walls, the door or the front of the van depending on his position, resulting in the left posterior impact to his head with injury to the spinal cord in his flexed neck.”
“If the motion/acceleration/deceleration of the van was abrupt enough, given the confined space in the vehicle, it is possible that his neck injury occurred with him in a partially reclining position or as he was changing his position on the floor of the van."
http://theconservativetreehouse.com...and-narrative-text-from-the-autopsy-analysis/
Whether or not the City of Baltimore, or a policeman, is civilly negligent is a different matter. But Porter is not guilty of any crime. Period.