Prosecutor on Tamir Rice Case: ‘The Evidence Did Not Indicate Criminal Conduct’

Prosecutor on Tamir Rice Case: ‘The Evidence Did Not Indicate Criminal Conduct by Police’

MCGINTY: “Here we want the lessons learned and applied. That is why what we have done and we will do in all 20 use of force cases that had come to this office in the past three years. Today a Cuyahoga County grand jury completed its thorough investigation of the fatal shooting of the 12-year-old Tamir Rice on December 22, 2014, at the Cudell Recreation Center. 

Based on the evidence they heard [indecipherable] that applies to police use of deathly force, the grand jury declined to bring criminal charges against Cleveland police officers Timothy Loehmann and Frank Garmback. That was also my recommendation and that of our office after reviewing the investigation and the law. 

A short time ago we informed Tamir’s mother of the grand jury’s decision. It was a tough conversation. We again expressed our condolences of our offices, the sheriff’s detectives and everyone else who has worked so diligently on this case and our sincere wish that these events on that traumatic day at the Cudell Recreation Center had unfolded differently. She was broken up, and it’s very hard. 

We explained to her that this was a difficult decision also but that to charge police even in a situation what was — as undeniably tragic as the death of her son, the state must be able to show that the officers acted outside the constitutional boundaries set forth by the Supreme Court of the United States. Simply put, given this perfect storm of human error, mistakes and miscommunications, by all involved that day, the evidence did not indicate criminal conduct by police. 

A close examination especially of what is perhaps a most critical piece of evidence, a very recent enhancement of the surveillance video by an expert laboratory often relied upon by the FBI. It is now indisputable that Tamir was drawing his gun from his waist as the police slid toward him and officer Loehmann exited the car. 

At the point where they suddenly came together, both Tamir and the rookie officer were no doubt frightened. If we put ourselves in the victim’s shoes as prosecutors and detectives try to do, it is likely that Tamir, whose size made him look much older and who had been warned that his pellet gun might get him into trouble that day, either intended to hand it over to the officers or show them it wasn’t a real gun. But there was no way for the officers to know that because they saw the act — events rapidly unfolding in front of them from a very different perspective. 

Just minutes before they had been assigned and ordered to respond to a code 1 report of a, quote, ‘guy’ and quote ‘pointing a gun at people outside the rec center.’ That guy they had been told was dressed exactly as Tamir was. As they raced that mile toward the rec center from their other assignment, the police were prepared to face a possible active shooter in a neighborhood with a history of violence. There are in fact memorials to two slain Cleveland police officers in that very park a short distance away, and both had been shot to death nearby in the line of duty. 

Police are trained that it only takes a third of a second or less to draw and fire a weapon upon them. And therefore, they must react quickly to any threat. Officer Loehmann had just seen Tamir put an object into his waist as they pulled up and he stood up in a gazebo and started walking away. 

A moment later, as a car slid toward him, Tamir drew the replica gun from his waist and the officer fired. You’ll be able to see the an actual colt 1911 model pistol and an identical replica gun that was used that day. They are very difficult to tell apart even by people who are very familiar with guns, even when you stand and stare at it. A moment later as a car slid toward him, Tamir drew the replica gun from his waist and the officer fired believing he was about to be shot was a mistaken. 

He had reasonable belief given the high-stress circumstances and his police training he had reason to fear for his life. It would be irresponsible and unreasonable if the law required a police officer to wait and see if the gun was real.”