Even though the grand jury announced their decision on the Tamir Rice case Monday, there are still other loose ends in the case.
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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. But those caveats were not relayed to Officer Loehmann or his partner, Frank Garmback, who was driving the patrol vehicle.
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Mr West said the weather over the next few days was expected to be favourable for firefighting, with rain and lower temperatures. The fires began with a lightning strike on December 19 and, fanned by winds, have already burned greater than 2,000 hectares.
In explaining his decision, Cuyahoga County Prosecutor Tim McGinty said it was “indisputable” that the boy was drawing the pistol from his waistband when he was gunned down.
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In a statement to the grand jury, Loehmann said he yelled for Rice to show his hands and saw him pull a gun from his waistband before the officer fired.
A federal civil rights lawsuit filed by the family against the two officers and the city of Cleveland is pending. “As the video shows, Officer Loehmann shot my son in less than a second”.
In a written statement, the Rice family says it is “saddened and disappointed by this outcome – but not surprised”.
The Rice family is grateful for all the community support they have received and urges people who want to express their disappointment with how Prosecutor McGinty has handled this process to do so peacefully and democratically.
There was no immediate comment from Mr Loehmann after the decision.
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. And he said Tamir was big for his age – 5-foot-7 and 175 pounds – and appeared much older than 12.
Now, an administrative hearing will now be held to determine if the officers violated any departmental policies during the shooting of the 12-year-old. Rice had that toy gun when he was shot dead by Lohemann on a Cleveland playground in November 2014.
“A reasonable officer would position themselves where they would have some space between themselves and the potential threat where they could have some time and cover”, Gilbert said. On Monday, prosecutors said a grand jury concluded that Loehmann reasonably believed that it was a real gun and that his life was in danger.
They accused McGinty of “abusing and manipulating the grand jury process to orchestrate a vote against indictment” and urged federal prosecutors to “step in to conduct a real investigation”.
Meanwhile, the Cleveland Police Patrolmen’s Association said that it is “pleased in the grand jury’s thoughtful decision based on the facts of this tragic case”.
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.
Cleveland State University law Professor Jonathan Witmer-Rich says prosecutors have a lot of discretion in how they present to a grand jury.
Organizers said 100 people showed up to protest, representing less muscle than usual from the local coalition of social justice groups because of holiday travel. They said Jones was killed by accident and extended condolences.
The prosecutor said that he talked to Rice’s mother about the decision before Monday’s public announcement, calling it a “tough conversation”.
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On Monday night, about three dozen protesters peacefully demonstrated by marching from the park where Rice was killed to the police station.
