Reports: Officer’s Shooting Of Boy Who Was Holding Pellet Gun Justified

Samaria Rice center, the mother of Tamir Rice, the 12-year old boy who was fatally shot by police officer in Cleveland, and others, march in Pennsylvania Avenue toward Capitol Hill in Washington, Saturday, Dec. 13, 2... Samaria Rice center, the mother of Tamir Rice, the 12-year old boy who was fatally shot by police officer in Cleveland, and others, march in Pennsylvania Avenue toward Capitol Hill in Washington, Saturday, Dec. 13, 2014, during the Justice for All rally. More than 10,000 protesters are converging on Washington in an effort to bring attention to the deaths of unarmed black men at the hands of police. Civil rights organizations are holding a march to the Capitol on Saturday with the families of Michael Brown and Eric Garner, two unarmed black men who died in incidents with white police officers. (AP Photo/Jose Luis Magana) MORE LESS
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COLUMBUS, Ohio (AP) — Prosecutors investigating the death of a 12-year-old black boy who was fatally shot by a white Cleveland police officer say they are just trying to be transparent in seeking and sharing outside reviews by experts in use of force. A lawyer for the boy’s family, however, says the outside reports finding that the shooting was justified show that prosecutors are avoiding accountability.

The reports were released Saturday night by the Cuyahoga County Prosecutor’s Office, which asked for the outside reviews as it presents evidence to a grand jury that will ultimately determine whether Timothy Loehmann will be charged in the November death of Tamir Rice, who was holding a pellet gun.

A retired FBI agent and a Denver prosecutor both found that the rookie patrolman who shot Tamir moments after pulling up beside him exercised a reasonable use of force because he had reason to perceive the boy — described in a 911 call as man waving and pointing a gun — as a serious threat.

“We are not reaching any conclusions from these reports,” Prosecutor Timothy J. McGinty said in a statement. “The gathering of evidence continues, and the grand jury will evaluate it all.”

He said the reports, which included a technical reconstruction by the Ohio State Highway Patrol, were released in the interest of being “as public and transparent as possible.”

Subodh Chandra, a lawyer for the Rice family, said the release of the reports shows the prosecutor is avoiding accountability, which is what the family seeks.

“It is now obvious that the prosecutor’s office has been on a 12-month quest to avoid providing that accountability,” he said. He added that the prosecutor’s office didn’t provide his office or the Rice family with the details from the reports. He also questioned the timing of the release, at 8 p.m. Saturday on the Columbus Day holiday weekend.

“To get so-called experts to assist in the whitewash — when the world has the video of what happened — is all the more alarming,” Chandra said. “Who will speak for Tamir before the grand jury? Not the prosecutor, apparently.”

The killing of Tamir has become part of a national outcry about minorities, especially black boys and men, dying during encounters with police.

Both experts were provided with surveillance video of the shooting that showed Loehmann firing at Tamir within two seconds after the police cruiser driven by his partner pulled up next to the boy. Police say the officers were responding to a call about a man with a gun, but were not told the caller said the gun could be a fake and the man an adolescent.

The report prepared by retired FBI agent Kimberly A. Crawford concluded that Loehmann’s use of force did not violate Tamir’s constitutional rights, saying the only facts relevant to such a determination are those the patrolman had at the time he fired his weapon.

Loehmann, she wrote, “had no information to suggest the weapon was anything but a real handgun, and the speed with which the confrontation progressed would not give the officer time to focus on the weapon.”

“It is my conclusion that Officer Loehmann’s use of deadly force falls within the realm of reasonableness under the dictates of the Fourth Amendment,” Crawford wrote, though she noted she was not issuing an opinion as to whether Loehmann violated Ohio law or department policy.

Lamar Sims, the chief deputy district attorney in Denver, also concluded that Loehmann’s actions were reasonable based on statements from witnesses and the reconstruction.

Sims said the officers had no idea if the pellet gun was a real gun when they arrived, and that Loehmann was in a position of great peril because he was within feet of Tamir as the boy approached the cruiser and reached toward his waistband.

“The officers did not create the violent situation,” Sims wrote. “They were responding to a situation fraught with the potential for violence to citizens.”

Chandra, the Rice family lawyer, says the experts “dodge the simple fact that the officers rushed Tamir and shot him immediately without assessing the situation in the least. Reasonable jurors could find that conduct unreasonable. But they will never get the chance because the prosecutor is working diligently to ensure that there is no indictment and no accountability.”

The pellet gun Tamir was holding shoots non-lethal plastic projectiles but its orange markings had been removed.

___

Associated Press writer John Seewer in Toledo contributed to this report.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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  1. Wonder if the result of the investigation would have been the same had the boy been white?

    I guess the standard of police professionalism supported by this prosecutor is “shoot first, ask questions later.”

  2. "The officers did not create the violent situation," Sims wrote. "They were responding to a situation fraught with the potential for violence to citizens."

    I’d say that by pulling up so close so fast, they did create that violent situation. These reports only seem to focus on how they reacted when they were only two feet away from him. This was not a situation where they came around a corner and the kid was right there with the gun in his hand. They chose to force the confrontation to be violent. They could have pulled up from 50 feet away, got out behind their doors and told him to drop the weapon while pointing their guns at him. That’s what a professional would do, and I did not see that addressed in these reports.

    These are only two reports. The prosecutors office will have lots of other things to consider, plus this goes to a grand jury.

  3. Jesus fucking christ. All these months that have passed when we were wondering just what the hell was taking so long and it’s now clear that all the motherfuckers were doing was expert shopping for someone who’d sell them reasonable doubt, thereby justifying declining to prosecute. And, after all this time, they finally found some people who could slice the question they purported to be posed sufficiently fine to enable themselves to give an expert-sounding opinion without vomiting on it while they were signing.

    Last week, I was reading the story about how cops were trying to link the recent spike in murder rates to their fear of patrolling and being caught on video “doing their job.” And what struck me was that the real problem is that they look at these videos and don’t see cops acting like fucking maniacs, but, rather cops “just doing their job.” Their attitude is “well, yeah, this is what ‘the job’ is and of course it’s ugly and shocking for you people who don’t live in the ‘real world.’ So we’re just gonna pull back and do nothing until you beg us to defend you from ‘the animals’ and stop paying so much attention to how we do ‘the job.’”

    They don’t even get the critique that there’s a systemic training, doctrine and attitude problem here. In their minds, across the nation, it’s just a lot of liberal bleeding hearts and race-baiters making adults-in-a-Peanuts-special wahhh-waaah sounds. They’re acting like soldiers (IMO legitimately) do when civilians see pictures of what war actually looks like and are shocked and appalled. And it’s just not penetrating that they’re not soldiers, they’re not supposed to be soldiers and the fucking problem is that they think they are soldiers.

    And no, this isn’t a problem of the kind of people who become cops or that a lot of cops are veterans. A lot of cops have always been veterans. It is entirely and purely an institutional problem, a pervasive problem of training and doctrine that translates into a culture that we’ve allowed to grow in this nation since the 80’s.

  4. The logic behind this is fascinating:

    1. Cop shoots man with gun – justified.

    2. Cop shoots 12-year-old kid with toy gun – also justified if the cop didn’t know it was a 12-year-old kid and that the gun was a toy.

    Conclusion: Ignorance is a cop’s best friend.

  5. Avatar for anniew anniew says:

    This is disgusting. Truly. That prosecutor is a coward.

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