the drugs may likely have put him in a frame of mind in which he did not know WHAT he WAS doing.
The thing is, regardless of what drugs he was on or what state of mind he may have been in, it is now the burden of the state to prove beyond a reasonable doubt what exactly was done to him, how it was done, why it was done, when it was done and who exactly did it.
The state has a high burden at this point.
If I’m on that jury, and the state wants me to convict that van driver of second degree murder, then the state got some serious ‘splaining to do, because at this time, I just do not see the necessary elements for a conviction on that charge.
And I think that is the charge that the most attention will be paid to by those watching as it is the most serious.
If Gray was not a heroin user and the drug was found in his system then it means that he probably ingested the drugs while fleeing.
You cannot be charged with a crime of possession of drugs based solely on what is found in your system. You have to be found with drugs in your possession...that’s why drugs are routinely swallowed by suspects. (one can always claim drugs in their system were caused by some miscreant slipping them into a beverage that they drank)
The officer in the interview said Gray probably swallowed prepared heroin gel caps... I presume gel caps are made so users don’t need to cook the drug up themselves for injection and so the caps can be quickly swallowed to prevent them falling into police hands... just stick the needle of the syringe into the gelcap and draw out the heroin. Swallowing gel caps means you also are swallowing the container that holds the drug, thus no evidence at all.
If Gray had heroin in his system it is easy to discover if he was a regular user by testing his hair. He has short hair but they can sample from pubic hair also.
If he swallowed the heroin and it was his first use then that explains how he could injure himself so horribly... he could feel no pain.