And Again Tamir Rice Sandra Bland Eric Garner

2014 police killing of an African-American male child in Cleveland, Ohio

Killing of Tamir Rice

Tamir Rice in 2014
Appointment	Nov 22, 2014 (2014-eleven-22)
Time	c. 3:30 p.grand.
Location	Cudell Recreation Heart, Cleveland, Cuyahoga County, Ohio, United States
Coordinates	41°28′45″N 81°45′09″Due west  /  41.479083°N 81.752365°Due west  / 41.479083; -81.752365
Cause	Gunshot
Filmed by	Surveillance video
Participants	Tamir Rice (casualty) Timothy Loehmann (police officer who fired fatal shot) Frank Garmback (police officer)
Deaths	Tamir Rice
Inquiries	Closed investigation
Charges	None
Litigation	Lawsuit filed by Rice's family confronting the two officers and the City of Cleveland settled for $6 million[i] Claim filed past the City of Cleveland for cost of Rice'southward ambulance ride (afterward withdrawn)[2]

On Nov 22, 2014, Tamir E. Rice, a 12-year-old African-American male child, was killed in Cleveland, Ohio, by Timothy Loehmann, a 26-twelvemonth-quondam white police officeholder. Rice was carrying a replica toy gun; Loehmann shot him about immediately after arriving on the scene. Ii officers, Loehmann and 46-yr-sometime Frank Garmback, were responding to a constabulary dispatch call regarding a male who had a gun.^{[three] [four] [5]} A caller reported that a male was pointing "a pistol" at random people at the Cudell Recreation Heart, a park in the City of Cleveland's Public Works Department.^{[half dozen]} At the showtime of the call and once again in the eye, he says of the pistol "information technology's probably fake."^[7] Toward the terminate of the two-minute call, the caller states that "he is probably a juvenile", but this information was not relayed to officers Loehmann and Garmback on the initial acceleration.^{[8] [9] [ten]}

The officers reported that when they arrived at the scene, they both continuously yelled "testify me your hands" through the open up patrol auto window. Loehmann further stated that instead of showing his easily, it appeared equally if Rice was trying to draw: "I knew it was a gun and I knew it was coming out."^{[11] [12] [13]} The officer shot twice, hitting Rice once in the torso.^{[iv] [14]} According to Judge Ronald B. Adrine, "...On the video the zone car containing Patrol Officers Loehmann and Garmback is notwithstanding in the process of stopping when Rice is shot."^[13] Rice died the following day.^[15]

Rice'due south gun was found to exist an airsoft replica; information technology lacked the orange-tipped barrel that would have indicated it was a toy gun.^{[16] [17]} A surveillance video of the incident was released by the police four days after the shooting, on 26 Nov.^[18] On 3 June 2015, the Cuyahoga County Sheriff'south Office declared that their investigation had been completed and that they had turned their findings over to the county prosecutor. Several months later the prosecution presented evidence to a g jury, which declined to indict, primarily on the basis that Rice was drawing what appears to exist an actual firearm from his waist as the police arrived.^{[12] [xix] [20]} A lawsuit brought against the city of Cleveland by Rice's family was afterwards settled for $6 1000000.^[1]

In the aftermath of the shooting it was revealed that Loehmann, in his previous task as a police officer in the Cleveland suburb of Independence, Ohio, had been deemed an emotionally unstable recruit and unfit for duty.^[21] Loehmann did non disclose this fact on his application to join the Cleveland police,^[22] and the Cleveland Police Department did not review his previous personnel file before hiring him.^[21] In 2017, following an investigation, Loehmann was fired for withholding this information on his awarding.^[22]

A review by retired FBI agent Kimberly Crawford found that Rice'due south death was justified and Loehmann's "response was a reasonable one".^[23] The incident received both national and international coverage. It occurred on the heels of several other high-profile shootings of African-American males by constabulary officers.

Biography

Tamir Elijah Rice (June 25, 2002 – November 23, 2014) was built-in in Cleveland, Ohio, on June 25, 2002, to Samaria Rice and Leonard Warner.^{[24] [25]} His family described him as athletic, excelling at various sports—including football, basketball, swimming, and soccer—and often competing with kids older than him. Equally a 12-years-old, he stood 5'7" and 195 lbs.^[26] He was involved in arts programs at his community recreation center, sculpting pottery and crocheting embroidery for his female parent.^[27] At the time of his death, Rice attended Marion-Seltzer Uncomplicated School in Cleveland, where he was described as a "pleasant young homo".^[28] He had an older sister, Tajai, and an older brother.^{[24] [28]}

Shooting

Surveillance screenshot of Rice shot by the police; this screenshot is of an enhanced video released for the 1000 jury.

A 9-1-one caller, who was sitting in a nearby gazebo, reported that someone, possibly a juvenile, was pointing "a pistol" at random people at the Cudell Recreation Center. The caller twice said that the gun was "probably faux".^[29] According to police force spokesmen, it was initially unclear whether or non that information had been relayed to the dispatched officers, Loehmann and Garmback; information technology was later revealed that the dispatcher had not elaborated beyond referencing "a gun".^{[16] [30]} According to one report, the nine-1-one responder twice asked whether the boy was black or white^[31] before dispatching officers to the park at around 3:thirty p.m.^[29] The actual recording of the phone call reveals that the 9-one-1 responder asked whether the boy was black or white three times. The question was repeated later the caller connected describing the colour of Rice'southward clothing.^[32] The caller then left the gazebo, and Rice saturday down in information technology one-time later.^[thirty]

According to information reported to the press on the 24-hour interval of the shooting past Cleveland Constabulary Patrolmen's Association President Jeffrey Follmer, "[Loehmann and Garmback] pulled into the parking lot and saw a few people sitting underneath a pavilion next to the middle. [Loehmann] saw a black gun sitting on the table, and he saw the male child pick upward the gun and put information technology in his waistband."^[33] Also on that date, Cleveland Deputy Chief Tomba stated, "The officer got out of the auto and told the boy to put his hands up. The boy reached into his waistband, pulled out the gun and [Loehmann] fired two shots." According to Chief Tomba, "the child did not threaten the officer verbally or physically."^{[xvi] [17] [33]} On November 26, the 24-hour interval a video of the shooting was released, Chief Tomba is quoted as proverb, "Loehmann shouted from the car three times at Tamir to show his hands as he approached the car."^[iv] The entire incident happened in less than two seconds.^[34]

Rice died the post-obit day at MetroHealth Medical Eye. The medical examiner stated that the cause of death was a gunshot wound to the body, with injuries to major vessels, the intestines, and the pelvis.^[15]

A surveillance video without sound of the shooting was released by police force on November 26 later on pressure from the public and Rice's family.^[18] Information technology showed Rice pacing around the park, occasionally extending his correct arm. The video briefly shows Rice talking on a cellphone, and sitting at a picnic table in a gazebo. A patrol machine moves at high speed across the park lawn and and so stops abruptly by the gazebo. Rice appears to motion his paw, an action police experts ended was Rice reaching for his waist band just disputed by expert reports released by Rice family unit attorneys, earlier Loehmann jumps out of the car and immediately shoots Rice from a distance of less than 10 feet (3.0 chiliad).^{[29] [thirty] [35] [36]} According to Judge Ronald B. Adrine in a sentence entry on the case "this courtroom is nonetheless thunderstruck by how quickly this event turned deadly.... On the video the zone car containing Patrol Officers Loehmann and Garmback is still in the procedure of stopping when Rice is shot."^[13]

Nigh four minutes afterwards, a law detective and an agent from the Federal Agency of Investigation who had been working a depository financial institution robbery detail nearby arrived on the scene and treated the male child. Three minutes afterwards that, paramedics arrived and took him to MetroHealth Medical Middle.^{[37] [38] [39]}

Rice's mother said that the toy gun had been given to him by a friend minutes before the police arrived, that constabulary tackled and put her 14-twelvemonth-old daughter in handcuffs after the incident, and that police threatened her with arrest if she did not calm down later on being told about her son'south shooting.^[40]

A second video obtained by the Northeast Ohio Media Grouping and released on Jan 7, 2015, shows Rice's 14-year-old sis being forced to the ground, handcuffed and placed in a patrol car after she ran toward her blood brother about ii minutes subsequently the shooting. Furthermore, no aid was administered to Rice for four minutes until an FBI agent arrived; which the agent later attributed to how the Cleveland Police officers "didn't know what to do" every bit Rice'southward wound required a more avant-garde level of first assistance in which the officers were non trained.^{[41] [42]}

Police force officers involved

In the aftermath of the shooting, media outlets reported on the background of the law officers involved. Both officers were placed on paid administrative leave.^[43]

On December 28, 2015, the grand jury returned its decision declining to indict the police officers.^[44]

Timothy Loehmann

Loehmann, the officer who killed Rice, joined Cleveland'south law in March 2013. From July to December 2012, he worked with the police department in Independence, about 13 miles (21 km) south of Cleveland, with four of those months spent in the police force university.

In a memo to Independence'southward human resources manager, released by the city in the aftermath of the shooting, Independence deputy police chief Jim Polak wrote that Loehmann had resigned rather than face certain termination due to the concern that he lacked the emotional stability to be a police officeholder. Polak said that Loehmann was unable to follow "bones functions as instructed" and specifically cited a "dangerous loss of sophistication" that occurred in a weapons training exercise. Polak said that Loehmann'southward weapons handling was "dismal" and he became visibly "distracted and weepy" equally a issue of relationship problems. The memo concluded, "Individually, these events would not exist considered major situations, but when taken together they show a pattern of a lack of maturity, indiscretion and non post-obit instructions, I exercise non believe time, nor grooming, will exist able to change or correct these deficiencies." It was subsequently revealed that Cleveland police officials never reviewed Loehmann'southward personnel file from Independence prior to hiring him.^{[21] [45]} He had been hired in Cleveland despite listing his master source of income for the prior six months having been derived from "under-the-tabular array jobs".^[46]

On May xxx, 2017, the mayor of Cleveland appear that Loehmann had been fired for concealing details almost his past employment in his job application. On his application, Loehmann said that he had left the Independence Police Department for "personal reasons" and did not reveal the Independence police's determination that he had "an inability to emotionally function" as an officer.^[22]

On October 5, 2018, the city of Bellaire, Ohio, hired Loehmann every bit a part-time officer.^[47] Five days later, Loehmann withdrew his application to the Bellaire constabulary department, and his training ceased.^[48]

Frank Garmback

Garmback, who was driving the constabulary cruiser, has been a police officer in Cleveland since 2008. In 2014, the Metropolis of Cleveland paid United states$100,000 to settle an excessive force lawsuit brought against him by a local woman; co-ordinate to her lawsuit, Garmback "rushed and placed her in a chokehold, tackled her to the ground, twisted her wrist and began hit her body" and "such reckless, wanton and willful excessive use of force proximately acquired bodily injury." The woman had called the constabulary to written report a car blocking her driveway.^[49] The settlement does not appear in Garmback's personnel file.^[50]

Aftermath

Investigation

The Cleveland Police Department received statements from both Loehmann and Garmback. They announced they were looking for boosted witnesses to the shooting, including a man who was recorded walking with Rice in the park earlier the shooting. Their results would be presented to a 1000 jury for possible charges.^[39]

On January ane, 2015, the Associated Printing reported that Cleveland law section officials were looking for an outside agency to investigate the Rice shooting, every bit well equally handle all future investigations related to mortiferous utilize-of-force incidents.^[51]

On May 15, Mother Jones magazine reported that, six months later the shooting, while the sheriff'south section appear that it had well-nigh concluded its investigation of the shooting, neither of the 2 officers involved had still been interviewed by investigators from the Cuyahoga County Sheriff's Part. It also reported that as of that time Frank Garmback, the officer who collection the police car, was not nether criminal investigation.^[52]

On June three, the Cuyahoga County Sheriff'due south Function released a statement in which they alleged their investigation to be completed and that they turned their findings over to prosecutor Tim McGinty, who was expected to review the report and determine whether to nowadays prove to a one thousand jury.^[20] In response to a petition from citizens, on June 11 Municipal Court Judge Ronald Adrine agreed that "Officeholder Timothy Loehmann should exist charged with several crimes, the nigh serious of them existence murder but also including involuntary manslaughter, reckless homicide, negligent homicide and dereliction of duty." Estimate Adrine too found probable cause to charge Officeholder Frank Garmback with negligent homicide and dereliction of duty. Because Ohio judges lack the legal authorisation to issue abort warrants in such cases, his opinion was forwarded to city prosecutors and Cuyahoga County Prosecutor Timothy McGinty who, equally of that appointment, had not yet come to a decision on whether to nowadays the evidence to a grand jury.^[53]

Written report

On June xiii, Cuyahoga Canton Prosecutor Tim McGinty released a redacted 224-page report of the investigation.^[54] The written report included interviews with at to the lowest degree 27 people, including teachers, friends, and the person that called 911. Loehmann and Garmback declined to exist interviewed.^[55] Contradicting statements fabricated by police force that Loehmann shouted "show your hands" three times earlier firing, the report included accounts from several witnesses who claimed to have not heard officers effect any exact warning to Rice.^[56]

K jury investigation and decision

On October ten, the Cuyahoga County prosecutor's role released two reports that McGinty had sought from outside experts about the employ of force, one by retired FBI agent Kimberly Crawford, a second by Colorado prosecutor S. Lamar Sims; both reports concluded that the shooting of Tamir Rice was reasonable nether the circumstances. However, amid accusations from lawyers representing the Rice family unit that McGinty had deliberately chosen Crawford and Sims because of their "pro-police bias" in society to embrace for Loehmann and Garmback, McGinty convened a grand jury to consider whether or not criminal charges should exist brought confronting the officers.^[57]

On December 28, McGinty reported that the g jury had declined to indict Loehmann or Garmback, proverb, "Given this perfect storm of homo mistake, mistakes, and communications by all involved that twenty-four hour period, the evidence did not indicate criminal conduct by police." The announcement prompted Rice's mother to release a statement accusing McGinty of mishandling the investigation, stating in part, "Prosecutor McGinty deliberately sabotaged the instance, never advocating for my son, and interim instead like the police officers' defence force attorney."^[58]

Three good witnesses who testified before the grand jury criticized the prosecutors' behavior during the thousand jury. Roger Clark, a retired LASD officer with expertise in police shootings, said that prosecutors at the hearing treated him with hostility and "disdain" for concluding that Loehmann and Garmback had acted recklessly; he also described the prosecutors as using theatrics, like none he'd ever seen in previous grand jury proceedings, which he believed were intended to lead the chiliad jurors to the conclusion that the prosecutors wanted them to reach. Jeffrey Noble, some other retired law officeholder and expert in utilise-of-force cases (who had himself used deadly strength on the task), said he was attacked by prosecutors for proverb that the officers never should have escalated the situation by rushing Rice, adding, "I've definitely never seen two prosecutors play defense attorney so well." And Jesse Wobrock, a biomechanics expert hired by the Rice family's lawyers, besides described the prosecutors as "interim in a way like they were defense attorneys for the cops". and equally having attacked him professionally for his testimony regarding the timing and significance of body movements past Loehmann and Rice, every bit seen on video footage of the shooting. (A spokesman for McGinty's office said the iii experts were only presenting "one side" of the story, but he could non elaborate because prosecutors are bound by one thousand jury secrecy laws.)^[59]

In the adjacent Autonomous primary for Cuyahoga County district attorney, in March 2016, McGinty lost to challenger Michael O'Malley, who received 55.viii percent of the vote. An assay past cleveland.com claimed that of 282 majority African-American precincts in the ballot, McGinty won none.^[sixty]

Department of Justice

The Usa Section of Justice decided on December 29, 2020, that it would not bring criminal charges against the two officers involved in the shooting. The Section said it did not disregard the officers' actions, but there was not plenty bear witness to charge them with a law-breaking. In particular, they pointed to the poor quality of the grainy video, which has no audio and is partially obstructed by a constabulary machine, as a reason for the decision not to prosecute.^[61]

Death conform and settlement

On December five, 2014, Rice's family unit filed a wrongful death suit against Loehmann, Garmback, and the City of Cleveland in the United States Commune Court for the Northern District of Ohio. The eight-page complaint accused Loehmann and Garmback of acting "unreasonably, negligently [and] recklessly" and that "[h]advertising the defendant officers properly approached Tamir and properly investigated his possession of the replica gun they would undoubtedly have determined ... that the gun was faux and that the subject was a juvenile." It also accused the City of Cleveland for failing to properly train both officers, as well as failing to acquire about the Independence police department's internal memo well-nigh Loehmann.^{[62] [63] [64]}

On April 25, 2016, the lawsuit was settled in an effort to reduce taxpayer liabilities, with the City of Cleveland agreeing to pay Tamir Rice's family $6 million ($five.v one thousand thousand to Tamir Rice'southward manor, $250,000 to the child's mother, and $250,000 to the child'southward sis).^[1]

Protests

In the wake of the shooting, protests and public outcry broke out in Cleveland, although they were relatively small. However, on November 25, 2014, a day after a grand jury determination not to indict the law officeholder who fatally shot Michael Chocolate-brown, the Cleveland protests became more prominent. That mean solar day, about 200 protesters marched from Public Square to the Cleveland Memorial Shoreway, causing the latter to be close downwardly temporarily.^{[xviii] [39]} Rice's family pleaded with the protesters to remain peaceful in their activities, saying, "Again, we enquire for the community to remain calm. Please protest peacefully and responsibly."^{[ citation needed ]}

On December 5, Ohio Governor John Kasich established a chore force to accost customs-police relations in response to Rice'southward shooting and other similar incidents.

Rice's death has been cited as i of several law killings which sparked the nationwide Black Lives Matter move.^{[66] [67] [68]}

Media coverage

The incident received national and international coverage, in part due to the time of its occurrence, coming shortly afterwards the recent constabulary shooting of Michael Brown in Ferguson, Missouri; the death of Eric Garner in Staten Island, New York; the police shooting of Akai Gurley in Brooklyn, New York just two days earlier; the shooting of John Crawford 3 in Dayton, Ohio; and the subsequent unrest following these incidents had attracted worldwide attending.

The Northeast Ohio Media Group was criticized for publishing a news story on Rice'south parents' criminal records.^{[69] [lxx]}

Funeral service

A funeral service for Rice was held at the Mount Sinai Baptist Church on December 3, 2014, with about 250 people in attendance. He was remembered "for his budding talents and described as a popular kid who liked to describe, play basketball and perform in the school's pulsate line". Family members criticized Loehmann for acting as well speedily in Rice's shooting.^{[71] [72]}

Pause of 911 dispatcher

On March 15, 2017, 911 dispatcher Constance Hollinger was suspended for eight days for failing to inform the responding officers that Rice was "probably a juvenile" and that the gun he had was "probably simulated".^[73]

Run into also

• Shooting of Michael Brownish
• Shooting of John Crawford 3
• Murder of George Floyd
• Private prosecution § Ohio
• Shooting of Ezell Ford
• Death of Eric Garner
• Shooting of Andy Lopez
• Shooting of Timothy Russell and Malissa Williams
• Shooting bias
• Entertech shooting deaths
• Black Lives Matter

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65. ^ Williams, Yohuru (April 29, 2015). "Yous're Nobody 'Till Somebody Kills You: Baltimore, Freddie Greyness and the Problem of History". The Huffington Post. Archived from the original on May 29, 2015. Retrieved May 29, 2015.
66. ^ Fields, Liz. "After Walter Scott Killing, Blackness Lives Matter Motility Calls For Citizen Oversight of Police". Vice News. Archived from the original on May 26, 2015. Retrieved May 26, 2015.
67. ^ "Activists smash NYPD attempts to silence movement for change". Black Lives Matter. Archived from the original on December 26, 2014. Retrieved May 24, 2015.
68. ^ Daniel Politi (Nov 28, 2014). "Cleveland Paper Thinks You lot Should Know Tamir Rice's Father Has Driveling Women". Slate.
69. ^ Nick Wing (November 26, 2014). "Police Gunned Down A 12-Year-Old And Somehow Local News Decided To Run This Story". The Huffington Post.
70. ^ Nicole Hensley, "Tamir Rice's family blasts constabulary at boy's Cleveland funeral", Daily News (New York), December iii, 2014.
71. ^ "Tears at Funeral for Cleveland Boy Tamir Rice Shot by Cop". NBC News. December 4, 2014. Archived from the original on February ten, 2021. Retrieved May 12, 2016.
72. ^ Levenson, Eric; Peled, Shachar (March 15, 2017). "Police suspend dispatcher 8 days in Tamir Rice shooting". CNN. Archived from the original on February 10, 2021. Retrieved Feb 26, 2019.

External links

• Video footage of the shooting
• Employ of Deadly Force by Police Enforcement Officers (Connecticut)
• Memorial to Tamir Rice

lundgrenyestand.blogspot.com

Source: https://en.wikipedia.org/wiki/Killing_of_Tamir_Rice

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