Caesar Goodson, who drove the van that transported Gray, faces the most-serious charge — depraved-heart murder for contributing to Gray death via reckless acts, including failures to restrain him properly and to give him medical assistance. But the state will have a hard time backing up that accusation, said lawyer Byron Warnken, who served on the new state’s attorney’s transition team.

Andrew Alperstein of Alperstein & Diener, noted that prosecutors will have to do more than prove Officer Goodson did something that caused Gray’s death. They will have to show he did not care whether his negligent actions caused the death.

“Depraved-heart murder is an unintended murder, so nobody is alleging in this indictment that Officer Goodson who is charged with that in the indictment, intended to kill Mr. Gray In other words, what the officer did was so reckless and so depraved of any feeling or heart that it rises to the level of criminality,” Mr. Alperstein said.