Rallying calls rose from the holiday crowds and regular evening rush in Washington Square Park in New York City Monday evening as protesters decried a Cleveland grand jury’s decision to not pursue an indictment for the white police officers involved in the 2014 shooting death of 12-year-old Tamir Rice.
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Patrolman Timothy Loehmann shot Tamir Rice within two seconds after confronting the child near a community centre November 2014.
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Tim McGinty, Cuyahoga County prosecutor, announced Monday the officers would not face charges, calling Loehmann’s action a “perfect storm of human error”.
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Typically a warning label on the packaging would indicate that removing the orange tip of the gun “is unsafe, may cause confusion, may be mistaken to be a real firearm by law enforcement officers of others and may be a crime”.
About 30 demonstrators marched in the rain to police headquarters in Cleveland.
On Cleveland’s west side, Jean Kosmac joined a group of protestors who said they didn’t want to see another such incident again either.
Tamir’s family and protesters had criticised the approach of the prosecutor throughout the investigation, which took more than 13 months.
“Tamir’s family is saddened and disappointed by this outcome – but not surprised”, family attorneys said in a statement.
Meanwhile, city police were ready for protests in Cleveland overnight with many officers on overtime and carrying riot gear in case it got violent.
Garmback, a veteran officer, knew the area around the recreation center could be a unsafe place where gang members gathered, his attorney said.
On Monday, Mr McGinty told reporters that newly enhanced video showed it is “indisputable” that Tamir was removing his gun from his waistband when he was shot. Even though video shows the police shooting Tamir in less than one second, Prosecutor McGinty hired so-called expert witnesses to try to exonerate the officers and tell the grand jury their conduct was reasonable and justified. McGinty said Tamir was trying to hand the weapon over to police or to show them it wasn’t real, but the officers had no way of knowing that.
Jackson would not comment on the grand jury’s decision, but said he has heard from citizens expressing a perceived “lack of fairness and a lack of justice” after the decision.
The officers said they believed Rice was older than 12. John Crawford Jr. was fatally shot by a police officer in August 2014.
The prosecutor had advised not to charge the officers because the measure was not necessary, but the Grand Jury did not receive any notification of that recommendation before it made the final decision, according to McGinty’s office.
Legally, the prosecutor should have sought a court order to make the officers answer the questions or to hold them in contempt in case they continued to decline going through that step.
Case Western Reserve University law professor Lewis Katz said the city would be vulnerable at trial because of the failure of the 911 call taker to pass on key information – namely, that the caller said the gunman was probably a juvenile and the gun probably wasn’t real.
They accused Mr McGinty of “abusing and manipulating the grand jury process to orchestrate a vote against indictment”.
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“Whether they agree with the grand jury decision, we are moving ahead with our process”, Jackson said.
