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No Indictment in Cleveland Police Shooting of 12-Year-Old Tamir Rice

HeadlineDec 29, 2015

An Ohio grand jury has decided there will be no charges in the fatal shooting of 12-year-old African-American boy Tamir Rice. On November 22, 2014, Tamir Rice was playing with a toy pellet gun in a Cleveland park. A 911 caller reported seeing him with a weapon but noted it was “probably fake” and that the individual was “probably a juvenile”—that information was not relayed to the responding officers. After their police cruiser pulled up in front of Tamir, Officer Timothy Loehmann shot him within two seconds. Neither Loehmann nor his partner, Frank Garmback, administered any first aid to try to save Tamir’s life. They then tackled Tamir’s 14-year-old sister to the ground as she ran to her brother’s side, and handcuffed and put her in their cruiser as the boy lay dying on the ground. Tamir died of his injuries the following day. After a more than year-long investigation, the grand jury returned a decision Monday not to indict. The county prosecutor, Timothy McGinty, said he had recommended that outcome, citing a “perfect storm” of human error and miscommunication.

Timothy McGinty: “The police officers and the police department must live with the awful knowledge that their mistakes, however unintentional, led to the death of a 12-year-old boy. So will the police radio personnel whose errors were substantial contributing factors to the tragic outcome. They passed along detailed information about the guy, outside the rec center, his clothing, including the colors of his coat and his camouflage hat, but not the all-important facts that the 911 caller said the gunman was probably, quote, 'probably a juvenile' and the gun may not be real. Had the officers been aware of these qualifiers, the training officer who was driving might have approached the scene with less urgency.”

Cleveland protesters reacted to the decision with a somber gathering at the park where Tamir Rice was killed. The protesters have raised questions about the histories of the two officers involved in Rice’s death. Officer Loehmann had been deemed unfit for police service in 2012 when he worked in the suburb of Independence. And Officer Frank Garmback, who drove the cruiser, was the subject of a lawsuit where the city of Cleveland paid $100,000 to settle reports of excessive force. We’ll have more on the Tamir Rice case after headlines.

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