I’m not an attorney, but everything about McGinty’s Monday presser seemed off from the start.
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Tamir was carrying what turned out to be a pellet gun when Loehmann shot and killed the boy within two seconds of emerging from his police cruiser in November 2014.
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In an earlier statement, the family said it was grateful for community support, calling for those upset with how the case was handled to respond “peacefully and democratically”. But McGinty said neither Loehmann nor officer Frank Garmback, who drove the police vehicle, knew any of that at the time.
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The officers have been on restricted duty since the shooting and will remain so through an administrative review, police said. “I doubt a private citizen would go unindicted if they shot a boy with a toy pistol one second after encountering him”.
The family’s suit criticises the Cleveland police department for hiring Timothy Loehmann who was called unfit to be a police officer at his previous job. Nobody will be charged either for the death of Sandra Bland, who died in police custody in Texas in July.
It was not until after the shooting, with the gun on the ground, that police learned Tamir was playing with a replica firearm that shoots nonlethal plastic pellets, the lawyers said.
It was a presser you might see a defense attorney give.
Cuyahoga County prosecutor Tim McGinty described a “perfect storm of human error, mistakes and communications by all involved that day” – and said evidence considered by the grand jury “did not indicate criminal conduct by police”.
“It should never happen again, and the city has taken steps so it doesn’t”, McGinty said when announcing the jury’s decision, citing the police department’s moves to use more body cameras and dashboard cameras, as well as a Department of Justice investigation in 2014, which found that officers often relied on excessive force. McGinty is a symptom of a structural problem that won’t be solved with his departure either now or next year, should he be voted out. Police said Jones was killed by accident.
In a statement Monday, Tamir’s family said it was “saddened and disappointed by this outcome – but not surprised”.
It’s not unheard of.
Angelo Merendino/Getty Images Cleveland Mayor Frank Jackson confirmed that the city’s Critical Incident Review Committee will review the case and make recommendations regarding any potential suspension or termination of the officers. It’s the first state in the union where that is the standard, and it should not be the last.
“When a prosecutor conducting a grand jury inquiry is personally aware of substantial evidence that directly negates the guilt of a subject of the investigation, the prosecutor must present or otherwise disclose such evidence to the grand jury before seeking an indictment against such a person”, the manual states.
On Monday evening, two dozen protesters escorted by police cars walked 3 miles (5 km) in freezing rain from the recreation center to the station where the officers were assigned chanting, “Indict, convict and send the killer cops to jail, the whole damn system is guilty as hell”.
When indictments and charges and convictions do come down, it feels like a moment to rejoice.
He said there was no reason to appoint a special prosecutor because that is only to be done in cases where there is a conflict of interest, he said none existed.
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I pray and hope that the federal government will investigate this case.
