Tag Archives: Cleveland Police

Cleveland Judge Finds Probable Cause For Murder Charges In Tamir Rice Shooting

A Cleveland municipal court judge ruled on Thursday that there is probable cause to charge two Cleveland police officers in the death of 12-year-old Tamir Rice. Rice was shot and killed by police on Nov. 22, 2014, while he was playing with a pellet gun at a park in Cleveland.

Judge Ronald Adrine issued a ruling that stated he found probable cause to charge Officer Timothy Loehmann, who shot Rice, with “murder, involuntary manslaughter, reckless homicide and dereliction of duty,” and he also found probable cause to charge a second officer on the scene, Officer Frank Garmback, with “negligent homicide and dereliction of duty.”

Adrine noted that although the municipal court determined that “complaints should be filed by the prosecutor of the City of Cleveland and/or the Cuyahoga County prosecutor,” the court’s role is only “advisory in nature,” and it is ultimately up to the City Prosecutor to “decide to issue felony complaints in the Cleveland Municipal Court based upon his acceptance of the court’s determination that there is probable cause to believe certain accusations found in the affidavits posted against these Patrol Officers.”

The New York Times reported that county prosecutor, Timothy McGinty, released a statement in response to the court’s ruling, indicating that he would not be “rushed into filing a criminal complaint.”

“This case, as with all other fatal use-of-deadly-force cases involving law enforcement officers, will go to the grand jury,” McGinty said. “That has been the policy of this office since I was elected. Ultimately, the grand jury decides whether police officers are charged or not charged.”

As Truth In Media previously reported, the family of Tamir Rice filed a lawsuit on Jan. 30, stating that Rice’s death and subsequent injuries suffered by his family were “directly and proximately caused” by officers Loehmann and Garmback.

While the city of Cleveland’s response noted that it was unable to respond in full due to the ongoing investigation, it did cite 20 defenses, with one including the allegation that Rice’s death was caused by his failure to “exercise due care to avoid injury.”

In April, attorneys for Loehmann and Garmback asked a federal judge to halt a lawsuit filed against them, until the criminal investigation into their actions has been completed. In response, Rice’s family filed a motion on May 4, in objection to the request, stating that delays in the lawsuit will hurt their case.

While Adrine’s ruling claimed that the video surveillance from the incident was low in quality, it does acknowledge the fact that after Rice is shot, nearly four minutes pass where he is left lying on the ground, and when his sister arrives on the scene, she is “restrained from going to her brother’s side.”

The video shows Rice’s 14-year-old sister rushing to her brother’s side, and then being thrown to the ground, handcuffed, and placed in a police cruiser by Garmback. She is then forced to wait in the cruiser, and to watch while police stand around, without attempting to provide any first aid to her brother.

“This has to be the cruelest thing I’ve ever seen,” said Walter Madison, an attorney for the Rice family, who called the video “shocking and outrageous.”

Family Of Tamir Rice Criticizes Stalled Investigation As Cleveland Police Seek To Halt Lawsuit

Cleveland, OH- Family and attorneys representing Tamir Rice spoke publicly on Monday about the delayed investigation of Tamir’s death.

Five months have passed since Tamir was shot and killed by Cleveland Police Officer Timothy Loehmann. The investigation is reportedly still ongoing, and no indication has been made by officials about when it will reach its end.

Meanwhile attorneys for Loehmann and his partner who was at the scene of Tamir’s death, Officer Frank Garmback, asked a federal judge late last month to halt a lawsuit that was filed against the officers and other city employees.

“Defendants are being pro-active in seeking to protect their Fifth Amendment rights and ability to defend this civil action vigorously in this Court, so that they can answer the complaint and testify at their civil deposition without fear that their answers may be used against them in a separate criminal proceeding, where the stakes are significantly higher and their liberty is directly at risk,” stated the motion.

Tamir’s family filed a motion on Monday objecting to the request, stating that the officers will be able to invoke their Fifth Amendment rights during deposition and trial.

The motion claims that delays in the lawsuit will harm their case and “The Sheriff’s investigation is apparently going to continue indefinitely has it has been five (5) months and there is no end in sight,” states the motion.

The motion goes on to outline several reasons to move forward with the lawsuit, including a claim that memories of eyewitnesses are likely to fade as more time passes and that those witnesses may eventually leave the area, “which poses the danger of prejudice both in terms of the loss of critical evidence and also in terms of added costs associated with securing that evidence.”

The motion notes that the family has not yet buried Tamir. “Tamir Rice has yet to be laid to final rest. Plaintiffs are incurring expense daily and are unsure if they can finally rest Tamir Rice due to the pending investigation. A stay would exacerbate this expense and emotional distress,” states the motion.

The family is requesting a hearing in front of Chief U.S. District Judge Solomon Oliver Jr. Samaria has since moved into a homeless shelter “because she could no longer live next door to the killing field of her son,” according to the motion.

Full video of the family’s press conference on Monday can be seen here.

For more information about the shooting of Tamir Rice, click here.