Not the case at all. This wasn't just the prosecutor deciding to decline, the department issued a statement publicly acknowledging their missteps in this case.
Link? Because
this is the public statement of the department of which I am aware:
The City of Cambridge and the Cambridge Police Department have recommended to the Middlesex County District Attorney that the criminal charge against Professor Gates not proceed. Therefore, in the interests of justice, the Middlesex County District Attorney’s Office has agreed to enter a nolle prosequi in this matter.
The City of Cambridge, the Cambridge Police Department, and Professor Gates acknowledge that the incident of July 16, 2009 was regrettable and unfortunate. This incident should not be viewed as one that demeans the character and reputation of Professor Gates or the character of the Cambridge Police Department. All parties agree that this is a just resolution to an unfortunate set of circumstances.
Where in that statement is there admission of mistake?
nolle prosequi is not an admission of mistake, merely a decision not to pursue the matter. Technically, the door is still open to pursuing the charges should the DA change his mind in the matter--granted, it's highly improbable, but it is not impossible.
nolle prosequi (Anglo-American law) -- Britannica Online Encyclopedia
When entered before trial, the nolle prosequi does not bar a subsequent prosecution on the basis of a new indictment or new information.
The elements of the crime that Gates was charged with were not met. The Massachusetts statute is quite clear that the offender has to have the purpose of alarming the public in order to be guilty of disorderly conduct (as it applies in this case based upon the officers report). That was not proven in this incident. The report was bush league. He tried to use a couple of catch phrases to satisfy the charge and it fell flat.
This is certainly not a case of shouting "fire" in a crowded theater, but a person standing outside shouting that a cop is a racist would be pretty damn alarming, I would think.
Would the case stand up at trial? Perhaps. If Gates had stood out on his front step for an extended period of time shouting racist accusations at Sgt Crowley, that would certainly be alarming to the public and would arguably be disturbing the peace.
However, the reality of the situation is that, for whatever reason, Gates lost his temper. If DAs prosecuted every person who lost their temper in public there would never be time to try rapists and murderers. Gates is not a frequent flyer at the county jail--he lost his cool. Even if he were technically guilty of disturbing the peace, how much good would be accomplished by taking the case to court? Crowley could have done everything right, including arresting Gates, and the proper response by the department and the DA could
still be entering a
nolle prosequi. Frankly, I don't see where Crowley did anything wrong.
If there was more to this case then the officer should have done a better job of documenting it. If you are going to charge a guy with tumultuous behavior that alarmed a group of citizens you had better damn well get one of the citizens to say they were alarmed, otherwise....0.
Neither you nor I were there, so how much more there is to the case is purely speculation for us. My speculation is that Crowley properly investigated a report of a break-in at Gates' residence, Gates' improperly lost his cool at being asked for his ID to show he lived in that residence--necessary for Crowley to establish that there had been no crime committed--and Gates went too far in expressing his displeasure. That much is speculation, I freely acknowledge.
However,
this statement by Cambridge Police Commissioner Robert C. Haas to my mind suggests that my speculation is reasonably close to what those better informed agree took place:
Haas described Sergeant James M. Crowley as a “stellar member’’ of the department who had “tried to deescalate the situation’’ before he arrested Gates last week on the porch of Gates’s Cambridge house. Haas emphatically said that Gates’s arrest was not racially tinged.
“He [Crowley] tried to move away from the situation, and, when he wasn’t successful, he used arrest as a last resort,’’ Haas said at a packed news conference at police headquarters. “I do not believe his actions were in any way racially motivated.’’
If Crowley screwed up, why would Haas be going this far in taking up for him?
Yes, another thread being de-railed and name calling ensues. Stay on topic, stop calling each other names and cease with the personal attacks.