Patrolman Timothy Loehmann and Frank Garmback, his training partner, went to respond a call in November 2014 about a gun-waving man near a city park.
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Tamir’s death in 2014 followed the high-profile police killings of Michael Brown in Ferguson, Missouri and Eric Garner in Staten Island, New York, which sparked a new civil rights movement across the United States and calls for reform of U.S. policing. When Rice saw the police officers, he pulled up the replica gun and the officers had to fire to defend themselves and protect visitors in the park. It was missing the orange tip that is supposed to show that it’s not a real weapon. Rather than “a ideal storm of human error” as Cuyahoga County Prosecutor Timothy McGinty described this tragedy, Rice’s death and the lack of accountability for it are a result of racial profiling, incompetent 911 services, over-zealous and reckless policing practices, and a systemic bias in favor of police. After the grand jury “heard all the evidence and the applicable law, they were told our recommendation”, the prosecutor’s office said.
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She also said, “It’s a very somber day here in Cleveland and it’s also a really disappointing day for a family, for the city, for activists in a community throughout the country who have consistently advocated for children, for people to be safe in this country”.
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Cleveland State University law Professor Jonathan Witmer-Rich says prosecutors have a lot of discretion in how they present to a grand jury.
Even though the grand jury announced their decision on the Tamir Rice case Monday, there are still other loose ends in the case.
An assistant prosecutor in Cleveland says security camera footage shows 12-year-old Tamir Rice pointing his pellet gun at people inside a recreation center before he was shot and killed by police. Rice was drawing his toy gun from his waist as the police encountered the boy, said McGinty.
The replica handgun taken from 12-year-old Tamir Rice is displayed after a November 2014 news conference in Cleveland.
Garmback, a veteran officer, knew the area around the recreation center could be a risky place where gang members gathered, his attorney said.
Congresswoman Marcia L. Fudge (D-OH), who represents Cleveland, issued a statement following the decision, saying that McGinty’s “handling of this case, in my opinion, tainted the outcome”. Loehmann then exited his vehicle and nearly immediately fired at Rice, fatally injuring him. “Based on these rules, it became clear through this investigation that the actions of Officers Loehmann and Garmback were not criminal”.
The family renewed its request for the Justice Department to step in and conduct “a real investigation”.
Opponents to the grand jury’s decision, including presidential candidate Bernie Sanders, have asked for federal intervention.
At a press conference Monday afternoon, prosecutor Timothy McGinty said it was his recommendation not to indict.
Meanwhile, city police were ready for protests in Cleveland overnight with many officers on overtime and carrying riot gear in case it got violent. However, information given to the 911 operator that the suspect may have been a juvenile and the gun may have been fake was never passed on to dispatch.
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The grand jury has been hearing evidence and testimony since mid-October.
