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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“I sold them to the white slavers that take these things, and…” he added with a laugh, leaving the sentence incomplete.
Garmback, a veteran officer, knew the area around the recreation center could be a unsafe place where gang members gathered, his attorney said. Loehmann and Garmback will continue to be on “restricted duty” during the investigation. Tamir’s family is saddened and disappointed by this outcome-but not surprised.
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The Anti-Defamation League’s Cleveland director Anita Gray said in a statement Monday that the 12-year-old boy’s death highlighted long-standing problems in police-community relations that can no longer be ignored. “As the video shows, Officer Loehmann shot my son in less than a second”.
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Meanwhile, the Department of Justice continues their efforts for ongoing and comprehensive reform to policing and the justice system in Cleveland. “This emphasis on his appearance-there’s no question he was large for a 12-year-old-it’s seen as nearly saying, ‘Well, that explains it'”. Even though it is black-letter law that taking the stand waives the Fifth Amendment right to be silent, the prosecutor did not seek a court order compelling the officers to answer questions or holding the officers in contempt if they continued to refuse. “When they act for the safety of the community, they’re vilified for it”.
Loehmannm, who is White, shot Rice, who is Black, within two seconds of arriving at a recreation center where Rice was playing with a toy gun.
The Airsoft replica of a.45-caliber semiautomatic handgun usually has an orange tip on it, but Rice’s gun did not.
Rice’s family condemned the decision but echoed the prosecutor in urging those disappointed to express themselves “peacefully and democratically”. Prosecutors argued that the officers’ actions were not criminal, since there was no way of telling whether the gun was real or not.
An assistant prosecutor in Cleveland says 12-year-old Tamir Rice was big for his age and easily could have been mistaken for someone much older.
Meyer says Tamir was 5-foot-7, weighed 175 pounds and wore a men’s XL jacket.
Rice’s family has filed a civil lawsuit over his death.
Police radio personnel gave officers a description of the suspect’s clothing but did not convey that a 911 caller had said the suspect was probably a juvenile and the gun may not be real. He was also seen pointing the gun at other children.
Mr McGinty faulted the emergency services dispatcher for not relaying that information to the officers. The fatal shooting of Tamir Rice at the hands of a rookie officer might have been prevented if those crucial details had been provided.
The full text of McGinty’s statement is here, and the Cuyahoga County Prosecutor’s office’s full report of Rice’s shooting appears here. Tamir’s family had pushed for charges against the officers. Yesterday’s grand jury decision follows a series of similar non-indictments in the police-related deaths of people of color, including Eric Garner in Staten Island, and Michael Brown in Ferguson. He says lessons have been learned from the shooting, and the city has taken steps to ensure something similar doesn’t happen again.
“Simply put, given this ideal storm of human error, mistakes and miscommunications by all involved that day, the evidence did not indicate criminal conduct by police”, McGinty said. The close proximity heightened the tension when the boy turned to approach the cruiser while drawing the gun from his waistband, leading Officer Timothy Loehmann to fire two shots at him.
A committee made up of police and private citizens will look at the sheriff, prosecutor, and grand jury’s investigations and present their findings to Police Chief Calvin Williams.
“A short time ago we informed Tamir’s mother of the grand jury’s decision”, he said.
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.
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The grand jury had been meeting several times a week since mid-October to hear evidence and testimony about the shooting.
