UPDATE: June 11, 6:01 PM EDT
CLEVELAND (AP) — A judge said Thursday that enough evidence exists to charge two white policemen in the fatal shooting of a 12-year-old black boy who was holding a pellet gun outside a recreation center, a largely symbolic ruling because he can’t compel prosecutors to charge them.
Municipal Court Judge Ronald Adrine ruled there’s probable cause to charge rookie officer Timothy Loehmann with murder, involuntary manslaughter, reckless homicide or dereliction of duty in the November shooting death ofTamir Rice. And he ruled there’s evidence to charge Loehmann’s partner, Frank Garmback, with reckless homicide or dereliction of duty.
“This court reaches its conclusions consistent with the facts in evidence and the standard of proof that applies at this time,” the judge wrote.
The judge made his ruling after a group of activists submitted affidavits asking the court to charge the officers.
The Cuyahoga County Sheriff’s Department recently completed its investigation and gave its file to the county prosecutor, whose staff is reviewing the case while preparing to take it to a grand jury to determine if criminal charges should be filed.
Cuyahoga County prosecutor Tim McGinty said this case, as with all other fatal use-of-deadly-force cases involving law enforcement officers, will go to the grand jury.
“That has been the policy of this office since I was elected,” he said. “Ultimately, the grand jury decides whether police officers are charged or not charged.”
Footage from a surveillance camera shows Tamir being shot by Loehmann within two seconds of a police cruiser, driven by Garmback, skidding to a stop near the boy. The officers had responded to a 911 call about a man pointing and waving a gun at a playground next to the recreation center. Footage from the surveillance camera shows Tamirreaching for the gun, which was a realistic-looking toy, from his waistband when Loehmann shot him once in the abdomen.
Police officials have said Loehmann ordered Tamir three times to put his hands up.
The shooting of Tamir raised questions about how police treat blacks and spurred protests around the city.
The city released the surveillance video showing the shooting of Tamir, who was carrying an airsoft gun that shoots non-lethal plastic pellets.
Much of the footage showed what appeared to be a bored kid alone in a park on an unseasonably warm November afternoon. Tamir was seen pacing, occasionally extending his right arm with what appeared to be a gun in his hand, talking on a cellphone and sitting at a picnic table with his head resting on his arms.
But the gun wasn’t real — it can be bought at sporting goods stores for less than $20. Tamir’s was lacking the bright orange tip that is usually put on such weapons to indicate they’re not real guns.
Tamir’s family said it had seen the video of his shooting.
“It is our belief that this situation could have been avoided and that Tamir should still be here with us,” the family said shortly after the shooting in a statement released by its attorneys. “The video shows one thing distinctly: the police officers reacted quickly.”
Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
The AP’s being cute by signaling acknowledgment that the claim they feel compelled to report is ridiculous. Still, if the cops had said that they had repeatedly and firmly implanted a command to drop the gun into Tamir’s brain Using Only the Power of Their Minds before they had even arrived on the scene, the AP would report it.
I have to admit, I thought they were intentionally stalling this ruling until after the NBA Finals and that the cop was not going to be charged.
Very pleasantly surprised here.
You can bark a lot of orders in two seconds.
Oh wait.
Finally. This has dragged on far too long. That poor family.
Legally means nothing. Puts pressure on the D.A., but doesn’t force the issue.
Yes, the gun looks real, but that is of no relevance. Protocol in that situation is not to go screaming up to an alleged gunman and put yourself and your partner in jeopardy. You pull up 50 feet away or so, get out and crouch behind the door, point the gun and say “drop the weapon”. What they did was asinine, and more importantly, against proper procedure.
So even if this WERE a real gunman situation, they blew it procedure wise. And since them “blowing it” caused a death, criminal charges should definitely happen. Murder charge not likely, but at least a negligent homicide.
And is that an old photo? This being ruled a “homicide” is not a “New Development”, that was known almost immediately. The “new Development” is that a judge says it was a criminal homicide, and that charges are in order.