Which is exactly why none of these cops will see jail. The only one who had custody of him at that point was the driver. The charges against the driver are so overblown that they can never be proven in court barring a witness testimony. So far, that looks unlikely.
This circus brought to you by the Baltimore DA to appease a mob and nothing more. It plays right into the media's wheelhouse too. Imagine that.
At least one of them had the responsibility to secure Mr. Gray for his safety. I think it possible that this may be a collective responsibility, although I could be wrong. But even if there's no way to prove whether or not the driver intentionally gave a "rough ride", given the Baltimore PD's record of severe injuries during transportation that should be sufficient for negligent homicide. Given Mr. Gray's apparently multiple severe injuries, I think it's also likely that he was seriously injured during the take-down as well, and considering that he apparently asked for and was denied care that also should be sufficient for negligent homicide.
I think this is basically the crux of the whole police brutality situation imo. Until the cops start harassing and beating down white America nothing will really change. I mean, look at this thread. A guy was killed in police custody and all we hear about is how he should not have run and the poor police are being hit with mob justice.
Cops harass and beat down white Americans now. Unless it looks egregious, we tend to just say "dumbass" and move on, but many, many such cases result in legal action. Somehow looting and burning our neighborhoods just doesn't seem particularly productive.