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A GRAND JURY has declined to indict a Cleveland police officer or his partner for their roles in the fatal shooting of 12-year-old Tamir Rice, a black youngster who was holding what turned out to be a pellet gun.
Cuyahoga County Prosecutor Tim McGinty says a “perfect storm of human error” led to the death of Tamir.
The prosecutor announced today that the grand jury has declined to indict the rookie police officer or his partner for their roles in the November 2014 shooting.
McGinty says newly enhanced video shows that it is “indisputable” that Tamir was removing his gun from his waistband when he was shot.
It’s almost certain that Tamir intended to hand it over to the officers or to show them that it wasn’t a real gun said McGinty. But he says there’s no way the officers in question could have known that.
Shooting
Patrolman Timothy Loehmann fatally shot Tamir within two seconds of a police cruiser driven by his partner Frank Garmback skidding to a stop near the boy outside a city recreation centre in November 2014.
The charges come after a lengthy investigation by the Cuyahoga County sheriff’s office and county prosecutors and a grand jury presentation that began in late October.
A video of the shooting captured by a surveillance camera provoked outrage nationally and made Tamir a central figure in a protest movement over police killings.
Loehmann and his partner had responded to a 911 call about a man waving a gun. Tamir was carrying a borrowed airsoft gun that looked like a real gun but shot nonlethal plastic pellets.
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Unlike many of the cases recently, the actions of the police officers seems justified in this case. I don’t know how they could’ve known it wasn’t a real gun. As I recall, the orange marker that shows it’s an air soft gun had been removed. It’s a split second, life or death situation. I’d imagine most police officers would’ve done the same.
Well shooting him dead 2 seconds after arriving probable suggested they were not interested in finding out.
Yeah, I mean there was no way on Earth that they could have shouted from a distance at the little punter to tell him to put the gun down, they totally had to drive right up and kill him first chance they got.
Yes because billets can’t travel shouting distance. If it were me, I wouldn’t take the risk.
Sure Paul, and what happens if the guy then starts to flee. The police are then chasing an armed person through a residential area.
Stephen it was a 12 year old, and they’d been told the gun was fake.
Larrissa. Can a 12 year old pull a trigger the same as an adult can? Have 12 year old’s shot and killed people previously? Now look at the picture of the Gun in question. Can you say that it looks like a toy?
Mick, the cops had been told it’s a fake gun, so your argument holds no water
Larrissa the dispatcher had been told. But the two responding Officers hadn’t been. The Dispatcher never informed them. All they were told was that someone was pointing a gun at people in a public park. Now given that info and what looks exactly like the real Colt 45 and the lad pulling it out of his trousers just as the Officers arrived, the Officers had to make a split second decision. Put yourself in those Officers place. As you pull up to a scene where you have been only told that someone was pointing a gun at people and the Suspect starts to pull the gun just as you arrive what do you do? Wait for him to open fire first?
Lurfic, your cowardice wouldn’t justify the killing of a twelve year old boy.
Anyway, since he wasn’t even holding the gun when they got there, the cops could have hollered in safety.
Stephen, had he fled they could simply chase him in their car. If they had to get out I would assume they are fit enough to be able to run fast enough to catch up with a little kid.
Paul. He was pulling the gun from his waistband. Given the info they had and not knowing if the lad was stoned, psychotic or taking part in a gang initiation they acted in what they believed to be self defence.
Mick the dispatcher really messed up. Or is that simple?
Yes it is. Would the Officers be less likely to open fire his they had been given the full info, possibly. But they hadn’t been. They were only given the info that someone was pointing a gun at people in a public park. Other Officers across the US have been lured to such situations before only to be ambushed and shot. So given the circumstances and the actions of the lad and the look of the Gun they reacted in a defensive mode.
Held was holding the gun, and pointing it and the cops!
Mick ” Other Officers across the US have been lured to such situations before only to be ambushed and shot.” really can you supply links to these situations?
https://www.policeone.com/ambush/articles/8056547-Remembering-officers-ambushed-and-murdered-in-2014/ Would you like me to continue?
The world is seeing how American cops treat minority’s in that country. they slaughtered the natives in the beginning (11 million is reckoned to be the total Native American holocaust) but we didn’t witness that horror because there was no cameras to record it, imagine what they must have got up to in places like Iraq. it will all flood out in time to come, the yanks are just a step below the Nazis when it comes to killing innocent civilians at home or in other parts of the world. they’re total bullies
Mick, they didn’t react in a “defensive mode”, they were on the offensive from the start. You can see that’s true because they drove up to and shot a small boy without warning.
Melanie, he wasn’t holding the gun or pointing it at the dumb cops. Watch the video, buddy.
Paul. Someone is armed and pulling a gun out of their waistband after pointing at the public. What would you have them do? Wait until he shot first? And remember they hadn’t been told the gun was possibly fake.
In your hypothetical situation, I would have issued a warning and then shot him to pieces if he didn’t obey. But that’s irrelevant since that’s not the situation in question.
In this case, an incompetent dispatcher gave incomplete information to two apparently panicky and aggressive cops who then went on to shoot an unarmed child.
He was warned drop the gun and he was pointing at the cops and he was in a public place with what they thought was a weapon, it was a tragic outcome, but the cleveland police do not go around shooting 12 year boys.
And Paul. While you are shouting your warning he is pulling the trigger and as you lay dying do you think to yourself “Well at least I warned him”!!!
15 Mick in 2014 hardly an epidemic considering the number of people have been shot by police officers in 2014. Perhaps if they were not so quick to shoot they themselves might be safer?
Well Melanie in this case they did.
Kerry so 15 Officers Dead from Ambush is OK in your book? It is acceptable!!! If your Father/Mother, Brother/Sister, Son/Daughter or Husband/Wife was one of those murdered would you think it acceptable? If it was a Colleague would it be no biggy?
Why would you let an armed person run? So that they can possibly shoot others or maybe shoot the cop that’s chasing him? Did you know foot chasing an armed person is one of the most dangerous things a cop could do? What do you think happens when the criminal abruptly stops running turns and starts shooting at the cop that’s running towards him? Any threat of a gun has to be stopped as quickly as possible. Also, why wait to find out if it’s fake or real? are they supposed to wait and see if it fires real bulkets??
Tell me Kerry. When Garda Adrian Donoghue was ambushed and murdered was that no big thing? When Garda Gerry Mc Cabe was ambushed and murdered was that OK? When Garda Golden was amushed and murdered did you think “a well sure it isn’t like it’s an epidemic “?
Melanie, he wasn’t pointing anything at the police, the pellet gun was in his waistband. The police officer shot him as he was removing it.
The Cleveland police do indeed go around shooting twelve year old boys, we know this to be true as there is a video at the top of the page showing a Cleveland police officer shooting a twelve year old boy. See how that works, buddy?
Mick, no, because in your hypothetical situation I would be already pointing my gun at the punter before he takes his out, at least I assume coppers are trained to do it that way.
Anyway, nobody would shoot at me because I am very handsome.
Susan, one would assume trained police officers would have the foresight to imagine that the supposedly armed punter that they are chasing might turn and shoot at them at some point and would be clever enough to have their own guns ready in order to defend themselves.
Given that they were dealing with an isolated twelve year old child in broad daylight in a public park we could expect a bit of restraint to have been shown, yes?
Paul. Watch the video. As the Police car pulls up. The lad is coming toward the car pulling the Gun from his waistband. Given those circumstances and having to assume the gun is real you have less than a second to react do wait until he opens fire first or do you automatically defend yourself and your partner in what you perceive to be an ambush. And there is nothing hypothetical about what I have just described.
I did watch the video, buddy. How could the kid drop the gun without pulling it out of his waistband first?
You might want to do a bit of reading about Officer Loehmann before you continue his defence, by the way. Interesting character.
Paul he didn’t have to touch the gun at all. But seem to be trying your best to find fault with the Officers actions. He was pulling the gun from his waistband as the car was pulling up. Now given the info that they had about him pointing a gun at members of the public and pulling a gun from his waistband while walking toward the car. What would you have thought in those exact same circumstances? Would have thought, “this is an ambush and this guy is going to open fire any second”. Or would you have said to yourself “ahh he is going to hand me the gun”. And if the Gun was real and you chose the latter. You and your partner would be dead.
Of course I’m finding fault with his actions, the shithead jumped out of a car and killed a twelve year old kid for nothing.
The facts are that the actions of an incompetent dispatcher and a couple of moronic cops lead directly to the unnecessary killing of a little boy.
(A) The Officer didn’t know what age the lad was nor should it matter if the threat is there. (B) The Officer didn’t know the gun wasn’t real. And you don’t assume it’s not, ever. (C) He was pulling the gun from his waistband while walking towards the Police car. An action that would be deemed hostile and aggressive by every Police Officer anywhere on the planet. So as I have said ad nauseum the Officer acted in self defence given what info he had at the time. And has been borne out by the investigation.
“Of course I’m finding fault with his actions, the shithead jumped out of a car and killed a twelve year old kid for nothing.”
Perhaps that’s why you’re being less than objective about this.
they were told After the fact
Paul. Have a read of this and then tell me his age mattered. http://www.nbcnews.com/news/us-news/arrest-12-year-old-murder-suspect-puts-spotlight-midwestern-gang-n388836
Paul, you think you know, but you really don’t have a clue. I know because I talk to a real cop on a daily basis. There are other foot chase scenarios, such as the bad guy running up a flight of stairs, jumping over a fence, going around a corner then shooting when the cop comes. I challenge everyone on here that thinks shooting someone in the leg or shoulder will stop someone, waiting to see if it’s a real gun or not, talking them out of shooting etc, or even the people who judge all cops to be wrong to talk to a real cop (by REAL cop, I mean an American cop) Learn a little about how it REALLY is before you go spouting all your wisdom.
It was a simple summary execution.
Some accept that as sensible and necessary. Others have a moral sensibility and don’t like to see 12 year olds summarily executed.
It depends on where your values lie.
^^^ Ridiculous post
“They’re saying that racism doesn’t look like someone shouting slurs-it looks like people eagerly looking for a reason why a black kid deserved to die” -Lou Schumaker.
The poor pet would probably still be outside playing with his fake gun if he was a white kid :(
Great comment Fiona, sad to see the racist ignorance trying to justify this murder of a young child spreading like wildfire here.
@ Barnsy – If this was a white child you and your ilk would have a totally different tune to sing, that’s a certainty, overtly racist comments won’t be posted here as well you know, so the thinly veiled variety will just have to do for you and your fellow travellers.
Mick, simply looking at the kid would have given the officer a fair approximation of his age.
There was no threat, the officer would have found that out had he not shot the boy instantly upon arrival. The Cleveland Deputy Chief stated that Tamir did not threaten the police in any way.
The cops actions were needlessly aggressive and stupid and in keeping with both Loehmann’s and Garmback’s documented poor behaviour as a police officers.
The boy was likely walking towards the police car because he realized he was in trouble for pissing about with the pellet gun in the park, police officers generally expect you to come over to them so they can talk to you/arrest you.
The fact is that Loehmann hopped out of his car and shot the boy as soon as he got there.
The officers didn’t act in self defence, they stupidly drove right up in front of someone they claim to have been armed. That’s not self defence, it’s moronic behaviour.
Susan, I’m not particularly in interested in who you talk to on a daily basis.
Whatever cop stories you’re hearing from your husband or whoever it is are presented to you from his point of view and as such are hardly likely to paint him or his colleagues in a bad light.
I’m also not interested in foot chase scenarios since there was no chase involved in this incident.
The boy didn’t run up a flight of stairs, didn’t jump over a fence, didn’t go around a corner, and didn’t shoot when the police arrived or at any other time.
All cops are real cops by definition.
Barnsy, as far as I’m aware, Tamir’s parents aren’t the most reliable type of punters.
Blacks are a minority in the USA, a significant minority but still a minority.
Excellent point about 40% of blacks making up of the prison population..I wonder would anything to do with them not being able to afford the best attorneys for their ‘minor’ drug offences?
*that have anything*
See what I mean folks about the thinly veiled racist comments I referred to just above by this guy and his ilk ;)
A good percentage of those young black people that are in prison would be for minor drug possession -this is playgroup knowledge that we’re talking about..
Young lads grow up in poverty,yes? “Go” to school-drop out of school-no opportunity in life-leads to life of crime and they get busted for minor drug possession..
Have you ever heard of the Jim Crow laws list ?
Example :
Dylan Roof (21) white male shot and killed 9 people and walks away from scene alive
Tamir Rice (12) has toy gun and is given one second to comply ..RIP.
Paul, I don’t think being told how and why someone is trained to respond in certain ways could be considered stories.
Paul, you were the one who asked why didn’t they wait and if he ran they could chase him.
They didn’t wait and he didn’t run so your foot chase fantasies are irrelevant.
Messed up society. Trigger-happy cops shooting to kill children going around with imitation firearms in their waistbands.
Jamie…how do you tell wether it’s real or an imitation? Especially in a country awash with guns.
Fair point Mary, just think the cops were a bit rash in shooting the kid dead.
What would you have done? They got a call/complaint about a peson with a gun who was pointing it at people, they respond and the child appears to reach for gun.
Would you do nothing and believe the kid won’t shoot? Risking your life on the assumption the gun is not real or the kid won’t shoot.
Here in Ireland it would be almost a certainty the gun is a toy, in the US it is most likely the gun will be real.
Just remember those cops didn’t arrive into work thinking ‘today i’m gonna shoot and kill a kid’ (or anyone for that matter). They got presented with a situation with onl seconds to decide. Easy for us to secong guess with the benefit of hindsight.
What would I have done? Purely hypothetical, but I’d have roared at him to reach for the sky and to stand still, and I’d have approached with caution with my firearm drawn. As I got closer I’d have realised I was dealing with a kid. And so forth.
The chap was twelve years of age, hanging around the local playground pointing an imitation firearm at people. Probably influenced by a rap video. Cops arrive and blast the child away. Crazy society. Cold world.
Again Jamie..how do you know it’s an imitation? You don’t until you get your hands on it. Kids can pull a trigger the same as teenagers and adults.
What if it was a real gun and the kid shot the cop and a few innocent bystanders, then you’d be screaming about why didn’t the cop shoot the armed kid….sure with all the school shootings he should have known the kid probably had a real gun etc etc.
Do you realise how prevalent guns are in the USA? Nearly anyone (kid or adult) can get their hands on one, their are 300 MILLION guns in the US, nearly one for every man, woman and child. Their are 250,000 in Ireland, enough for only 20% of the population.
Different worlds…over 100 cops are shot and killed in the US ANNUALLY. That is more in one year than have been shot in Ireland since the Garda was formed in 1922 (nearly a hundred years).
Option 1 tazer Option 2 non lethal shot to the shoulder to incapacitate Option 3 lethal force Problem is US cops seem to to trained like combat troops deployed to a war zone. For them lethal force is their first not their last choice
Works great in the movies, sure why wouldn’t it work in real life??
Amazingly Avina non lethal force is often used successfully in real life. Are you saying that cops should shoot to kill immediately on arriving at a scene regardless of the circumstances? They shot to kill a child with a gun in his pants within 2 seconds of pulling up. Defend that if you like but I won’t and I’m a big fan of firm police action but this case is a bad one
Peter, as it happens I think the cops could have done things differently which may have resulted in everyone involved going home to their families that night. But to go back to your original point, attempting to taze someone carrying a knife etc. is one thing, but attempting to taze someone with a loaded firearm is just a complete no-no, as is aiming to incapacitate which could leave an injured and desperate person with a loaded weapon in his hand.
We should be concentrating on our own police brutality, before we criticise the Americans.
I saw a video of a woman almost being killed when she was forcibly thrown by a Garda on to a bollard. Also last month in Wexford a Garda struck a peaceful protestor full force with a baton causing serious injury.
Are you seriously comparing the two forces Eamon? When’s the last time the Guards killed an unarmed person? I don’t think it’s ever happened. It’s a daily occurrence in the US. Cop yourself on
I’ll choose the Garda over American police any day of the week…
Off duty guard not holding a current driving licence, whilst driving at speed down a bus lane killed an elderly pedestrian several years ago. The poor old lady was knocked 15/20 into the air and landed behind the civilian car. He wasn’t charged because apparently a guard can use any means whatsoever to make a court appearance an as such wasn’t breaking the law. 60mph in a bus lane. Not every culpable police death is gun related.
Spot on eamon that savage assault by that Garda was shown on rte I’m informed that that cop is to get his p45 and rightly so any cop who plays gung Ho with a member of the public nowadays is an idiot cos everyone’s got a camera
Almost killed?! Exaggerate much?
Who informed you that said “cop” is to get his P45? You have a contact in GSOC is it? Perception if a funny thing -I recall seeing a roomful of protesters on private property failing to comply with a lawful direction of a Garda. Even if that Garda is found by GSOC’s investigation to have breached the rules about the use of force – then he’s still entitled to due process like everyone else accused of misconduct or assault.
@ijlester,
I just looked at your twitter page, you appear to be a Garda. God help us if a violent moron like you is in the force.
Eamon, I didn’t need to look at your twitter page to see that you’re a moron – your original comment talked about a woman “almost being killed” and I’d still love to know how you came to that conclusion. Just a hint of hyperbole there maybe? Thats another way of asking if you’re prone to exaggeration when posting. I only use twitter for commenting on this forum from time to time – and just because I am pro Garda in my comments doesn’t make me a Garda. It’d be more accurate to say I don’t believe in the “peaceful protests” that the likes of you admire so much. I’d love to know how you decided that I’m violent – you obviously like to jump to conclusions as much as you like to exaggerate. Just glad that you’re not a Garda at least – I hope they’re not that desperate.
@ijlester,
You’re not a Garda, well that’s a relief.
At least you won’t be able to act out your violent fantasies about beating up peaceful protesters.
Anyone reading the comments on this thread can see who lives in the fantasy world. In the real world, where I live, I have work tomorrow – that means a job. You can go back to exaggerating and jumping to conclusions on your own.
Some favour executing 12 year old children.
Some oppose executing 12 year old children.
Wait for the “while I don’t condone such actions…” from the large numbers racists on these forums.
The simple sad fact is that if the child were white he would be alive. There is a problem in America across the bord with systemic racism amongst the police force and this urgently needs to be addressed. Black lives matter
@Adam,
Not necessarily, this 17 year old boy who was shot dead was white;
http://www.thejournal.ie/police-shooting-family-suing-2394435-Oct2015/?utm_source=shortlink
So was this one:
http://conservativetribune.com/teen-shot-by-cop/
And this one:
http://www.mrconservative.com/2014/08/48057-black-officer-shoots-white-man-no-media-outrage/
But if it wasn’t for these and many others like them you may have a point…
Like reading the comments on a KKK site, anyone who saw the video knows this was an execution of a young child, shame on you all for trying to justify it, even Liveleak, a crypto racist website, (its permanently open season to post the most vile misanthropic hate cimments) saw most commentators condemn the shooting.
@ijlester,
I remember a post you did a few months back supporting the American police officer who cold bloodedly shot dead a 17 year old boy for flashing his headlights, and you wonder why I described you as having a violent personality.
You can add “getting the wrong end of the stick” to your exaggerating and jumping to conclusion problems. I didn’t express support for the police officer who shot and killed the 17 year old, I stated that the 6 feet plus tall basketball player wasn’t shot for flashing his headlights, but for deciding to attack the police officer who stopped him for it. The way people in the US act before getting shot by police, and then being surprised by it is part of the problem – but the way police overreact too often with lethal force is equally a serious contribution to the problem- a problem that we thankfully don’t have here fortunately due to the lack of uniformly armed police. If you figure that means I have a “violent personality” , then I’ll have to bow to the psychology qualifications that you obviously have. Either that, or I stick with the original conclusion that I came to – you’re a moron.
The boy was shot within 12 seconds of the officer getting out of his car. The officer did not even have time to ask him his name, he just opened up with his weapon and shot the boy dead. During the trial the officer said he thought the boy was an adult, a fact he repeated as well as his lawyer did multiple times.
Why does that matter?
Ohio where this happened is an ‘open carry’ state. Any citizen with their own firearm can legally carry it in public without fear of being arrested. So if the officer thought this boy was an adult and the firearm was real then what law was he accused of breaking which required him to be shot? Holding a gun while black?
Does ‘open carry’ only apply to white guys with assault weapons who want to take their guns out for dinner in restaurants? When a black person merely has a toy gun in a park they are gunned down within twelve seconds of the police seeing them, while we see photos of groups of white people walking down the street with military style assault weapons and police waving at them.
One rule for the blacks, another for the whites. But don’t call them racist.
Wow somehow “you’ll put someone’s eye out with that” doesn’t really cover it…
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