Tamir Rice Shooting: Grand Jury Determines Cleveland Officer Was Not At Fault In 12-Year-Old Boy’s Shooting Death

Tamir Rice was shot and killed by a Cleveland, Ohio, police officer at the Cudell Recreation Center in November, 2014. Although authorities contend the 12-year-old boy was brandishing what appeared to be a functional firearm, it was later determined to be a toy. Amid the subsequent controversy, a grand jury has determined the officer was not at fault.

On November 22, 2014, an unidentified witness called 911 to report a young man was pointing a gun at people and cars at the Cudell Recreation Center playground. Although the caller suggested the suspect was a juvenile, and the weapon was “probably a fake gun,” officers were dispatched to the scene without that vital information.

As reported by Clevelend.com, Officers Frank Garmback and Timothy Loehmann arrived on scene and observed a young black man reaching for a gun — which was tucked into his waistband. In their official report, both officers said the gun appeared to be real.

According to surveillance footage, Loehmann fired two shots toward Tamir Rice within “1 to 2 seconds after” exiting the police cruiser. Although the first shot missed, the second bullet struck the 12-year-old boy in the stomach.

Officers Frank Garmback and Timothy Loehmann called paramedics to the scene right away. However, they have received stark criticism, as “neither of the officers performed any immediate first aid on the wounded boy.” The officers later confessed they were not properly equipped or trained to administer first aid to a shooting victim.

The Cleveland police officer who fatally shot 12-year-old Tamir Rice will not face charges https://t.co/Tu9axl3lgK pic.twitter.com/i8qfxWkXZl

— The New York Times (@nytimes) December 28, 2015

Although he survived the initial shooting, Rice was declared dead the following morning. An autopsy conducted by the Cuyahoga County Medical Examiner’s office revealed the bullet fractured the boy’s pelvis and severed a major blood vessel. His manner of death was determined to be a homicide.

It was eventually determined that the gun Tamir Rice was carrying was actually an airsoft pellet gun. The officers contend it was impossible to determine the gun was a toy — as the bright orange safety tip was removed.

Tamir’s family and friends were immediately critical of Officer Timothy Loehmann’s actions — as he did not take the time to properly assess the situation before opening fire. Loehmann contends he had “no choice.”

Following an extensive investigation, which was conducted by the Cuyahoga County Sheriff’s Office, a Cleveland, Ohio, judge determined there was probable cause to charge Timothy Loehmann with dereliction of duty, involuntary manslaughter, negligent homicide, and reckless homicide. The case was later turned over to a grand jury.

The grand jury has been hearing testimony since October on the fatal shooting of #TamirRice https://t.co/RGGirKyccG pic.twitter.com/hlddkeBCys

— NPR (@NPR) December 28, 2015

The Washington Post reports that the grand jury determined the Cleveland officer was not at fault in Tamir Rice’s shooting death. Cuyahoga County prosecutor Timothy J. McGinty described the boy’s death as a “perfect storm of human error, mistakes and miscommunications by all involved that day.” However, he also stated that “the evidence did not indicate criminal conduct by police.”

Tamir Rice’s family was not shocked by the grand jury’s decision, but they believe Prosecutor McGinty is partially to blame for the ruling.

“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… McGinty hired so-called expert witnesses to try to exonerate the officers and tell the grand jury their conduct was reasonable and justified. It is unheard of, and highly improper…”

Attorneys representing Tamir Rice’s family said they will appeal to the Department of Justice. The family also filed a wrongfull death lawsuit against the city of Cleveland. In their response, the city said the 12-year-old boy’s injuries were the result of his own failure “to exercise due care to avoid injury.”

[Image via a katz/Shutterstock.com]