Judge Andrew Napolitano appeared on "Shepard Smith Reporting" today to share insight on the investigation into the death of Freddie Gray.

Judge Napolitano said that the trigger point of the protests in Baltimore wasn't just Gray's death, but the absence of the identification of the six Baltimore police officers who were involved in the deadly arrest and the absence of the charges against those cops.

He explained that protests and rioting were avoided following the killing of Walter Scott in South Carolina because that officer was promptly identified and charged.

Judge Napolitano said that there are now several investigations: the Baltimore Police Department's internal investigation, the district attorney's investigation of the six officers and the FBI's investigation of the department as a whole.

Judge Napolitano said that it appears that Gray's death is a form of homicide, either second-degree murder or criminally negligent homicide.

If that is true, then the officers should have been identified, charged, arrested and had their first appearance in court, Judge Napolitano said.

He added that if the officers decide to remain silent and not report what they saw their fellow officers do, then they can no longer be police officers.

Judge Napolitano said in that case, the government should choose the officer who they believe is least involved and offer him immunity in exchange for testifying against the other five.

"The government has to find out what happened here," Judge Napolitano said. "It cannot be confronted with a blue wall of silence. The public has every right to know what became of Freddie when he was in the custody of the police."

"If it were six civilians that had broken the neck and crushed the windpipe of a police officer, the civilians would have been caught, we would have known who they were, they would have been charged, they would have been incarcerated and certainly gotten no bail and the process would have started."

Watch more in the clip above.


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