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Cleveland Officers Won’t Be Charged in Tamir Rice’s Killing

“But it was not, by the law that binds us, a crime”, McGinty said, adding that it was “reasonable” to believe officer Timothy Loehmann who killed Tamir Rice believed he was a threat.

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McGinty said Monday he put the case before a grand jury so the evidence would be reviewed not only by a prosecutor but also by a panel of citizens who would make the final call on whether charges were merited.


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The officers were responding to a report of a man waving and pointing a gun at people, but they later learned that the weapon Tamir carried that day was a replica firearm that shoots non-lethal pellets. An attorney for Loehmann’s partner, patrolman Frank Garmback, called the shooting a “tragic incident” but said it’s clear the officers “acted within the bounds of the law”. He said that because of that new enhancement, “it is now indisputable that Tamir was drawing his gun from his waist as the police vehicle slid toward him and Officer Loehmann exited the auto”. “But there was no way for the officers to know that because they saw the events rapidly unfolding in front of them from a very different perspective”, McGinty said, as though that was legal justification for taking the boy’s life.


Officers in Tamir Rice Case to Face Administrative Review, Mayor Says
But McGinty said neither Loehmann nor officer Frank Garmback , who drove the police vehicle , knew any of that at the time. In a statement Monday, Tamir’s family said it was “saddened and disappointed by this outcome – but not surprised”.

Rice’s family has filed a federal civil-rights lawsuit against the two officers and the city. But prosecutors say plenty of mistakes were made that led to the tragedy.

The African American youth was playing with a friend’s toy pellet gun in a park on November 22, 2014.

The march started outside a West Side recreation center, where an officer shot Tamir in November 2014 while investigating a report of someone with a gun scaring people. The grand jury reviewed all these points and gave judgment in favor of the police officers.

McGinty said he informed Rice’s mother earlier about the grand jury’s decision.

(AP Photo/Phil Long). Cleveland police chief Calvin Williams answers questions as mayor Frank Jackson watches during a news conference in Cleveland, Monday, Dec. 28, 2015.

“It’s not surprising that the Rice family is not satisfied with how it looks like the prosecutor presented this case to the grand jury”. Tamir Rice’s family has grown increasingly frustrated with what it sees as the slow pace of justice, as NPR previously reported.

Outside the recreation center, protesters chanted “No justice, no peace!”

In a statement, Tamir’s family said it was “saddened and disappointed by this outcome – but not surprised”.

The shooting in Cleveland came just two days before a grand jury in Missouri declined to indict a white police officer in Ferguson who fatally shot Michael Brown, an unarmed black 18-year-old. Officer Garmback was also spared any charges.

McGinty also pointed out that both officers thought the gun was real because it had no orange tip, a detail that would have clearly indicated that the gun was actually fake.

The deadly shooting here prompted a round of protests that at times blocked freeways and interrupted public meetings, with local residents demanding indictments for Loehmann and Garmback.

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Within hours of the Cuyahoga County announcement in OH, word of the protest in New York City, which was organized by activist group NYC Rise Up 4 Tamir, had spread through social media, replacing a scheduled protest for People’s Monday, a weekly demonstration in Grand Central Terminal held to bring attention to victims of police brutality. They accused the prosecutor of “abusing and manipulating the grand jury process to orchestrate a vote against indictment”.

Tamir Rice case: Officers will not face criminal charges