Tamir Rice
Tamir Rice

Officer who killed Tamir Rice, 12, won't be charged

OFFICER Timothy Loehmann will not face charges for killing 12-year-old Tamir Rice.

Assistant Cuyahoga County Prosecutor Matthew Meyer made the announcement more than 400 days after Rice was killed for holding an airsoft gun.

"The outcome will not cheer anyone, nor should it," Mr McGinty said before calling the fatal shooting a "perfect storm of human error."

Officer Loehmann's partner 46-year-old Frank Garmback will not face charges for his role in the shooting.

"It has been clear for months now that Cuyahoga County Prosecutor Timothy McGinty was abusing and manipulating the grand jury process to orchestrate a vote against indictment," the Rice family said in a statement.

"Even though video shows the police shooting Tamir in less than one second, Prosecutor McGinty hired so-called expert witnesses to try to exonerate the officers and tell the grand jury their conduct was reasonable and justified," the statement said.

"It is unheard of, and highly improper, for a prosecutor to hire 'experts' to try to exonerate the targets of a grand jury investigation."

Subodh Chandra, the Rice family attorney, said earlier in the day that he believed both officers involved in the shooting would not be indicted.

"This is apparently how long it takes to engineer denying justice to a family when the video of the incident clearly illustrates probable cause to charge the officer," Chandra told the Associated Press.

The shooting occurred on November 22, 2014 when officer Loehmann was called to the Cudell Recreation Center when a 911 dispatcher said that a man was waving a gun.

The 911 caller told dispatchers that the gun "was probably fake" but dispatchers did not relay the information to the officer and his partner.

Within 2-seconds, Officer Loehmann fatally shot the youngster, killing him with a single shot to the torso.

Shortly after the decision, small groups of protesters arrived outside the justice center in downtown Cleveland and community members began compiling a memorial at the scene of the shooting.

The incident sparked protests in Cleveland and nationwide, and prompted a Department of Justice investigation that found sweeping systemic deficiencies within the department.

TRANSCRIPT OF INITIAL 000 CALL TO POLICE

911 Caller: Hi, how are you?
Dispatcher: Good.
911 Caller: I'm sitting here in the park by West Boulevard by the West Boulevard
Rapid Transit Station. There's a guy with a pistol. It's probably fake, but he's like
pointing it at everybody. 
Dispatcher: So you're at the rapid station?
911 Caller: (coughing)
Dispatcher: Are you at the Rapid Station?
911 Caller: No, I'm sitting across the street at the park.
3
Dispatcher: What's the name of the park? Cudell?
911 Caller: Cudell; yes. Guy keeps pulling it in and out of his pants. It's probably
fake, but you know what? It's scaring the shit out of me. 
Dispatcher: What does he look like?
911 Caller: He has a camouflage hat on. 
Dispatcher: Is he black or white?
911 Caller: He has a gray, gray coat with black sleeves; gray pants on. 
Dispatcher: Is he black or white?
911 Caller: I'm sorry. 
Dispatcher: Is he black or white?
911 Caller: He's black. 
Dispatcher: You said he had a camel jacket and gray pants?
911 Caller: No he has a camouflage hat on. You know what that is?
Dispatcher: Yes.
911 Caller: Desert Storm and his jacket is gray, and it's got black sleeves in it. He's
sitting on a swing right now, but he keeps pulling it in and out of his pants, and
pointing it at people. He's probably a juvenile; you know?
Dispatcher: You know the guy?
911 Caller: No, I do not.
Dispatcher: Do you want to leave your name and number?
911 Caller: Huh?
Dispatcher: Do you want to leave your name and number?
911 Caller: Sure, I'm getting ready to leave, but I wanted…
Dispatcher: Sir, what is your name?
911 Caller: [Caller gives his name].
Dispatcher: What's the phone number?
911 Caller: [Caller gives his phone number]; I'm getting ready to leave, but you
know what? He's right here by the, you know; youth center or whatever, and he
keeps pulling it in and out of his pants. I don't know if it's real or not. 
Dispatcher: Ok; we'll send a car out there; thank you.
911 Caller: Thank you.  

Source: Official report from prosecutor



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