Tag Archives: Tamir Rice

City of Cleveland Apologizes for Sending Ambulance Bill to Tamir Rice’s Family

One day after sending the family of Tamir Rice a “last dying expense” bill, the city of Cleveland has issued an apology and stated that the move was unintentional.

The city of Cleveland filed a creditor’s claim on Wednesday, which sought to receive payment from the estate of Tamir Rice for emergency services rendered after he was shot by Cleveland Police Officer Timothy Loehmann.

The creditor’s claim, for $500, was for “owing for emergency medical services rendered as the decedent’s last dying expense under Ohio Revised Code §2117.25(A)(5),” according to city documents provided by multiple news outlets.

The claim shows a bill for services including “Ambulance Advance Life Support” and for mileage.

Creditor's Claim by WKYC.com

Rice, 12, was shot by Loehmann on November 22, 2014 at the Cudell Recreation Center, following a 911 call from an individual who reported a person holding a gun that was “probably fake.” That detail was not relayed to police, and Loehmann shot Rice, who was in possession of a plastic pellet gun, within seconds of arriving at the scene.

(Read more about the case here.)

Multiple reports from various news organizations including Cleveland.com state that after Rice was shot, he laid on the ground for several minute as the officers stood around nearby before a passerby, identifying himself as an FBI agent, began to administer first aid to Rice. Rice’s sister, Tajai, witnessed the shooting and had been handcuffed and placed in the police cruiser as Rice remained on the ground.

The video below shows the aftermath of the shooting.

The FBI agent was also a trained paramedic, and he told Cleveland.com that he arrived at the scene after he heard information on his radio about a shooting that had taken place. The agent also said that Loehmann and Garmback “wanted to do something, but they didn’t know what to do.” Cleveland.com noted that the FBI agent described a grisly scene, as Rice’s “intestines were exposed through a wound to the torso.”

Subodh Chandra, the attorney for the Rice family, condemned the city’s choice to send a bill and pursue payment through a creditor’s claim. “The callousness, insensitivity, and poor judgment required for the city to send a bill—its own police officers having slain 12-year-old Tamir—is breathtaking. This adds insult to homicide. The Rice family considers this a form of harassment,” Chandra said in a statement.

Following Chandra’s statement, Cleveland city officials are now saying that the bill has been withdrawn.

According to CBS News, “Mayor Frank Jackson and other city officials apologized to the family Thursday and told the media that the filing was made to Rice’s medical insurance company as part of a routine procedure, but the bill was not intended to be sent to the Rice family.”

“No intent or no sending of a bill to the Tamir Rice family. Medicaid paid their portion; we closed the account and absorbed the rest. When the state asked for the information.. then it generated the other side of the process that reopened it, and sent that bill to the state,” Jackson said in a press conference Thursday, according to news station Fox8 in Cleveland.

ABOUR: Why Didn’t Open Carry Apply To Tamir Rice?

Ohio is one of the 30 states that allows open carry without a permit throughout the state. When a state has an open carry policy, it allows its citizens to carry guns in public without fear of being arrested, let alone killed.

So why did the open carry rule not apply to Tamir Rice, a 12-year-old who was in possession of a toy gun at a park? Within two seconds at the scene, Cleveland Police officer Timothy Loehmann shot and killed Rice. Many through social media have argued that because Rice was a minor, the open carry rule does not apply to children because they shouldn’t be in possession of guns. However, Loehmann told the dispatcher that Rice looked “maybe 20.” With that presumption, why didn’t Loehmann respect the open carry law in Ohio? Was it because Rice was a black male? Rice was never even given an opportunity to show the officers that it was a toy gun. He was executed before given a chance to explain.

Whereas earlier this week, a 66-year-old white woman in Connecticut stood outside a police station pointing a BB gun at officers shouting “Boom boom boom” and “Shoot me!” is alive and unharmed.

The woman, Elaine Rothenberg, pointed the gun at civilians asking if they were police. She also blocked an employee-only doorway where police enter and exit to get to their police cruisers and stood with the gun raised in a shooting stance attempting instigate the officers. Rothenberg eventually threw the gun and was arrested. Why was she given due process and Rice was not? Connecticut is also an open carry state, but has even stricter gun laws than Ohio. Why was Loehmann able to shoot and kill a 12 year old right on the spot while Rothenberg was given her due process?

Never mind that Loehmann resigned from a previous police department just as he was about to be fired for incompetence with firearms and repeatedly displaying emotional disturbances.

As Truth in Media previously reported:

A memorandum, written by Independence Deputy Chief Jim Polak, expressed concern over Loehmann’s emotional issues during his poor performance at a state range qualification course for handgun training. Polak wrote that he was notified of Loehmann’s emotional issues by Independence Police Sgt. Greg Tinnirello:

“I was notified by FTO Sgt. Tinnirello of the following circumstances related to our recruit, Ptl. Loehmann. A written statement was included. On this date, during a state range qualification course Ptl. Loehmann was distracted and weepy. He could not follow simple directions, could not communicate clear thoughts nor recollections, and his handgun performance was dismal. Sgt. Tinnirello tried to work through this with Ptl. Loehmann by giving him some time. But, after some talking it was clear to Sgt. Tinnirello that the recruit was just not mentally prepared to be doing firearm training.”

Polak concluded that “due to this dangerous loss of composure during live range training and his inability to manage this personal stress, I do not believe Ptl. Loehmann shows the maturity needed to work in our employment. Unfortunately in law enforcement there are times when instructions need be followed to the letter, and I am under the impression Ptl. Loehmann, under certain circumstances, will not react in the way instructed. Ptl. Loehmann’s lack of commitment for his future here at Independence is disconcerting.” Polak recommended that Loehmann be released from the department and wrote that neither “time, nor training, will be able to change or correct these deficiencies.”

In that case, why on Earth did the Cleveland Police Department hire him?  Lt. Gail Bindel and Sgt. Edwin Santiago, the two officers in charge of hiring Loehmann, failed to perform a thorough background check on him. They were later suspended and reprimanded for it. Not only are the militarization tactics of police a major issue, but now we also have to worry about improperly evaluated cops and the open carry laws that are supposed to protect us. So who does open carry really serve to protect?

Cincinnati Activists Unite For ‘March for Justice’ With Families Of Those Killed By Police

On Saturday, Sept. 19th, activists from around the Cincinnati area will gather for a march for justice with family members of individuals who have been killed at the hands of the police.

The United March for Justice is being organized by the group Awakened Cincinnatians and will have support from the families of Samuel DuBose, Samantha Ramsey, Tamir Rice, and John Crawford III. The peaceful march will take place at 6 p.m. Saturday night in front of the University of Cincinnati Police Department.

“Stand for justice by marching arm in arm with the families of Samuel DuBose, Samantha Ramsey, Tamir Rice and John Crawford III,” Awakened Cincinnatians stated. “Families and friends of the fallen will be traveling from all over the country to participate in this historic event.”

Family members of the deceased are expected to speak before the march begins. The facebook page for the event calls for “indictments not just charges.” The event will begin at the corner of Rice and Valencia streets, the spot where Samuel DuBose was killed two months ago.

In July Truth In Media reported that DuBose, 43, was shot and killed by former officer Ray Tensing, 25, after Tensing pulled DuBose over for driving without a front license plate on July 19. While Tensing claimed that he opened fire because he feared for his life after his hand was caught on DuBose’s vehicle, and DuBose started accelerating, footage from the body camera Tensing was wearing revealed that his hand was placed on the car door and that DuBose’s vehicle only started moving after Tensing shot DuBose in the head.

Two University of Cincinnati police officers, who arrived on the scene when former officer Ray Tensing shot Samuel DuBose during a routine traffic stop, face no charges for supporting Tensing’s false claims of being dragged by DuBose’s vehicle.

Samantha Ramsey was a 19-year-old preschool teacher from Kentucky who was killed on April 26 by sheriff’s deputy Tyler Brockman after he jumped on the hood of her car and fired four times into the vehicle. The deputy avoided charges but is facing a lawsuit by Ramsey’s family who say that the officer is lying about how the events unfolded.

In November 2014, Officer Timothy Loehman shot and killed 12-year-old Tamir Rice while he was playing in a park. According to the autopsy report, Rice died from a gunshot wound to the torso with “injuries of major vessel, intestines and pelvis.”

According to reports and video surveillance, Rice was playing in the park with a toy airsoft gun that shoots plastic pellets. Rice was shot less than two seconds after the police car pulled up beside him in the park.

Twenty-two year old John Crawford III was shot by a Beavercreek police officer after being seen holding a BB gun inside the Wal-Mart near Dayton, Ohio. A grand jury would later find the officer innocent of murder.

The United March for Justice is not the first time that Cincinnati activists have rallied diverse groups together to focus on common ground. On August 5th, activists in Ohio with Greene County Black Lives Matter, Anonymous #OpJohnCrawford, Beavercreek CopBlock and Ohio Open Carry marked the one year anniversary of John Crawford III’s death.

Perhaps more activists can learn a lesson from Cincinnati’s efforts to build alliances rather than focus on division. Only by being willing to set aside our dogmas and work together in the interest of Liberty can we begin to repeal the tyranny of government and create a more free world.

Supervisors In Charge Of Hiring Officer Who Shot Tamir Rice Disciplined

The Cleveland Police Department has appeared to acknowledge that the hiring of Timothy Loehmann, the rookie officer who killed 12-year-old Tamir Rice in a controversial officer-involved shooting last November, was not a fully informed decision as Loehmann’s questionable police background was never investigated by Cleveland Police Department supervisors.

The department found that Lt. Gail Bindel and Sgt. Edwin Santiago, the supervisors in charge of hiring Loehmann, had “failed to adequately supervise and review an applicant’s background investigation” in violation of police procedure. Bindel was suspended for two 16-hour days and Santiago was issued a written reprimand.

Before Loehmann was hired in Cleveland, he was an officer for a brief period of time at the Independence Police Department. A memorandum written by Independence Deputy Chief Jim Polak described issues with Loehmann which Polak determined to greatly impair Loehmann’s ability to remain a police officer, including “emotional perplexity” and “dismal” handgun performance during training.

[RELATED: Personnel Files Of Officer Who Shot Tamir Rice Reveal “Emotional Perplexity”, Inability To Handle Firearms]

In addition to mentioning that Loehmann fell asleep during his training on one occasion, Polak described an incident in which Loehmann apparently had an emotional breakdown during firearms training. “I was notified by FTO Sgt. Tinnirello,” Polak wrote, “of the following circumstances related to our recruit, Ptl. Loehmann. A written statement was included. On this date, during a state range qualification course Ptl. Loehmann was distracted and weepy. He could not follow simple directions, could not communicate clear thoughts nor recollections, and his handgun performance was dismal.” According to the memo, Sgt. Tinnirello attempted to give Loehmann time to calm himself down, but “after some talking it was clear to Sgt. Tinnirello that the recruit was just not mentally prepared to be doing firearm training.”

“Sgt. Tinnirello continued to speak with Tim about his problems, and Ptl. Loehmann continued with his emotional meltdown to a point where Sgt. Tinnirello could not take him into the store, so they went to get something to eat and he continued to try and calm Ptl. Loehmann. Sgt. Tinnirello describes the recruit as being very downtrodden, melancholy with some light crying. Sgt. Tinnirello later found this emotional perplexity was due to a personal issue with Ptl. Loehmann’s on and off again girlfriend whom he was dealing with till 0400 hrs the night before.”

Polak noted that Loehmann was “not mature enough in his accepting of responsibility or his understanding in the severity of his loss of control on the range.”

Polak wrote that there were three additional incidents with Loehmann that “would not be considered major situations” individually, but “taken together they show a pattern of a lack of maturity, indiscretion and not following instructions.” The incidents involved Loehmann disobeying orders to keep his weapon properly secured in a locker at night; abandoning a segment of his orientation and lying about being instructed to leave the orientation; and removing his bulletproof vest during training because he was “too warm” despite orders to keep it on so he could become used to wearing it.

Polak recommended that Loehmann be released from the Independence Police Department, and wrote that he didn’t believe that “time, nor training, will be able to change or correct these deficiencies.” Polak asserted that due to Loehmann’s “dangerous loss of composure during live range training and his inability to manage this personal stress, I do not believe Ptl. Loehmann shows the maturity needed to work in our employment. Unfortunately in law enforcement there are times when instructions need be followed to the letter, and I am under the impression Ptl. Loehmann, under certain circumstances, will not react in the way instructed.”

Loehmann ended up resigning on his first day employed by the Independence Police Department in light of Polak’s  memo and recommendation. According to Cleveland.com, Loehmann was rejected by at least five other police departments before being hired in Cleveland, and investigators failed to check Loehmann’s Independence personnel file.

Bindel and Santiago have reportedly appealed the discipline measures. Loehmann is currently employed by the Cleveland Police Department on restricted duty. The investigation into Rice’s shooting death is expected to be completed sometime this year and will be presented to a grand jury to determine if Loehmann or his partner, Frank Garmback, will face criminal charges.

 

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.

Lawsuit Response: City Claims Tamir Rice’s Death Was Caused By His Own Actions

Cleveland, OH- The city of Cleveland, in response to the 71-page lawsuit filed by the family of Tamir Rice on January 30th, has claimed that the death of Tamir Rice and the subsequent injuries suffered by his family were “directly and proximately caused by the acts of Plaintiffs’ decedent.” Among the city’s 20 defenses in its answer to the family’s civil complaint was the assertion that the 12-year-old’s death was “caused by the failure of Plaintiffs’ decedent to exercise due care to avoid injury.”

In Cleveland’s answer to the complaint, it was noted that the city was unable to respond in full due to the ongoing police investigation into the incident. The investigation is currently being conducted by the Cuyahoga County sheriff’s office, and it’s unknown when that investigation will be completed.

Tamir was shot and killed by Cleveland police officer Timothy Loehmann last November after a person dialed 911 reporting somebody with a “probably fake” gun. Tamir had a pellet gun in his possession. Surveillance video surfaced soon after the shooting, showing that Tamir was shot within two seconds of the arrival of Loehmann and his partner, Frank Garmback.

The family of Tamir Rice had originally filed a lawsuit in December 2014, but filed a larger amended lawsuit a month later after new details had emerged. The lawsuit made references to a Justice Department report of the Cleveland Police Department, released on December 4th, 2014, that had concluded that the agency believed the CPD “engages in a pattern or practice of the use of excessive force in violation of the Fourth Amendment of the United States Constitution.” Also in the amended lawsuit was the aftermath of the shooting of Tamir when his 14-year-old sister, Tajai, was tackled and thrown to the ground by police before being handcuffed and placed in a cruiser ten feet away from her dying brother.

The Rice family’s suit also included information about Loehmann, the officer who shot and killed Tamir Rice. Before joining the CPD, Loehmann was employed by the Independence Police Department, and personnel files from his time there revealed that he had been recommended to be released from the department due to documented “emotional perplexity” and an inability to properly handle firearms. During Loehmann’s firearm training he was found to be “distracted and weepy” and “could not follow simple directions, could not communicate clear thoughts nor recollections, and his handgun performance was dismal.” Loehmann was described as “not mature enough in his accepting of responsibility or his understanding in the severity of his loss of control on the range” and his superior felt that further training would not correct his behavior. Cleveland police admitted that they never saw the files before hiring Loehmann.

Cleveland Police Patrolmen’s Association President Steve Loomis described Tamir Rice last week as “menacing” and has defended Officers Loehmann and Garmback while dismissing the media’s scrutiny of Loehmann’s personnel file as a “sideshow”. “There’s this perception that police just slid up in the car and shot him. That’s not reality from the officers’ perception. They acted based on what they knew at the time,” Loomis said regarding the officers’ actions.

“Tamir Rice is in the wrong,” he said. “He’s menacing. He’s 5-feet-7, 191 pounds. He wasn’t that little kid you’re seeing in pictures. He’s a 12-year-old in an adult body. Tamir looks to his left and sees a police car. He puts his gun in his waistband. Those people- 99 percent of the time those people run away from us. We don’t want him running into the rec center. That could be a whole other set of really bad events. They’re trying to flush him into the field. Frank [the driver] is expecting the kid to run. The circumstances are so fluid and unique.”

Walter Madison, an attorney for the Rice family, said that the city’s response to the lawsuit is “incredulous at best. It’s unbelievable.”

“What the city officials have done for a 12-year-old is set a new standard for children in their response, and all of that assumes that they’re not responsible for hiring this guy who was emotionally unfit to be a police officer,” Madison said.

 

More information about the shooting of Tamir Rice is available here.

Senator Boxer Proposes “Look-Alike Weapons Safety” Bill To Curb Future Police Shootings

Senator Barbara Boxer (D-CA) introduced legislation on Wednesday titled the Look-Alike Weapons Safety Act of 2015. Boxer described the legislation as an effort to prevent shootings by police in situations where an officer believes a fake gun might be real, as in the 2014 fatal shootings of 12-year-old Tamir Rice and 22-year-old John Crawford at the hands of police.

The bill would grant the Consumer Product Safety Commission (CPSC) authority to “regulate all imitation firearms, including airsoft, BB and pellet-firing guns” and require “the exterior surface of all such products sold in the United States to be painted a particular color or combination of colors so they are clearly distinguishable from real firearms.”

According to Cleveland.com, federal law currently requires airsoft pellet guns to have a painted orange piece on the tip, but not BB guns. The toy gun that Tamir Rice had in his possession when he was shot was reportedly missing its orange tip.

A similar bill, California Senate Bill 199 also known as the Imitation Firearm Safety Act, was signed in California last fall requiring that replica guns in the state be painted on the “entire exterior in bright colors or having florescent strips on their salient parts.” That law will take effect on January 1st, 2016.

Ohio State Representative Alicia Reece (D-Cincinatti) announced plans the day after Tamir was shot to introduce a bill called “John Crawford’s Law”, a bill “modeled after California Senate Bill 199”, mandating that all BB guns, air rifles and airsoft guns sold in Ohio bear bright colors or fluorescent strips.

“No child should ever die because a police officer or anyone else mistakes a toy gun for a real weapon,” Senator Boxer said in a press release. “This legislation will protect our kids and help law enforcement by making sure that imitation firearms cannot be mistaken for real firearms.”

Cleveland Police Union President Argues Against City’s New Body Cameras

Cleveland, OH- Steve Loomis, who was recently elected President of the Cleveland Police Patrolman’s Association after losing the position in 2011, publicly criticized body cameras that the city’s police officers have been assigned to wear this year.

“It’s going to create more controversy than it’s going to solve,” Loomis told Cleveland’s News Channel 5. Loomis believes that video quality of the body cameras will be poor. “What they see on the video is going to be subjective, it’s not going to be clear video,” Loomis said. “The video in times of aggressive police work is terrible.”

According to WCBE.org, Loomis also argued that body cameras are unconstitutional. “You don’t think, in this day and age, and in the situation that we’re in here, that there’s a lot better ways to spend that money? And the video is not going to be conclusive in most cases, and it’s gonna actually cause more harm than good. And then there’s constitutional issues. You know, I don’t have the right to come into your house and videotape your house, that’s a public record. Imagine Tamir Rice – and those officers had body cameras on – and that happened so quickly, that that rookie officer forgot to push that button on that camera. Imagine that, what the outcry would be. Put the cameras in the cars, and let’s see how that works.”

Cleveland city councilman Steve Zone countered that “Any bit of information that you can get is good, regardless of what the quality of the video is.” The Cleveland City Council approved a bill last year authorizing the Cleveland Police Department to buy 1,500 body cameras for $2.4 million. Zone said that money for two thirds of the cameras has been allocated, with the remainder of the money coming from a recently passed $100 million bond issue.

Loomis told News Channel 5 he would rather see money spent on more cameras in police cruisers to offer a “wider perspective” of police situations, as well as microphones for officers to wear. Cleveland’s officers are expected to begin wearing the body cameras at the end of this month.

Extended Tamir Rice Shooting Footage Released: “The Cruelest Thing I’ve Ever Seen”

Cleveland, OH- Additional surveillance footage, revealing what occurred shortly after Tamir Rice was shot and killed by Cleveland Police officer Tim Loehmann, showed that Rice’s 14-year-old sister was thrown to the ground and handcuffed as she was rushing to her brother before being placed into a cruiser, and that several minutes passed before Tamir Rice received first aid.

Rice’s sister was forced onto the ground by Loehmann’s partner, Officer Frank Garmback. Cleveland.com reported that the girl was placed in the police cruiser less than ten feet away from her injured brother, and the officers stood idly before a man identifying himself as an FBI agent administered first aid to Tamir. “No one thinks that it’s appropriate to try to save him,” Walter Madison, an attorney representing the Rice family, said of the officers’ behavior. “The first person who does is not affiliated with the Cleveland police department.”

Madison described the video as “shocking and outrageous” and said “This has to be the cruelest thing I’ve ever seen.”

“This is the level of service that makes people very upset and distrustful of law enforcement,” said Madison.

Northeast Ohio Media Group made a request for the additional footage on December 11th, 2014, and it was initially denied by the office of Cleveland Mayor Frank Jackson. Northeast Ohio Media Group hired an attorney to obtain the footage before city officials agreed to release it.

The footage corroborates a statement given by Tamir’s mother, Samaria Rice, during a press conference in December when she said that her daughter had been tackled by police after the shooting. Samaria Rice had also said at that press conference that her daughter was told she’d be placed into a cruiser if she refused to calm down.

The two officers involved in the killing of Tamir Rice have each been involved in prior incidents that may raise additional questions as the investigation of Tamir Rice’s death continues. Officer Loehmann was hired by the Cleveland Police Department after he had resigned ahead of termination by his previous employer, the Independence Police Department, for various documented emotional problems and an inability to properly fire weapons.

Officer Garmback was named in a 2012 lawsuit filed by Tamela Eaton, who alleged Garmback had “placed her in a chokehold, tackled her to the ground, twisted her wrist and began hitting her body” as another officer allegedly punched her in the face following a disagreement in 2010. County prosecutors accused Eaton of interfering with an investigation and punching Garmback  in the mouth; Eaton was acquitted in a jury trial and received a $100,000 settlement from the city of Cleveland.

Mayor Jackson said last week that the investigation into the death of Tamir Rice was being handed over to the Cuyahoga County Sheriff’s Department.

(Video) Cleveland’s Police Union Leader Defends Officer’s Killing Of Tamir Rice: “When We Tell You To Do Something, Do It”

Cleveland Police Patrolmen’s Union President Jeffrey Follmer shared tough words with Ari Melber regarding the shooting death of 12-year-old Tamir Rice on MSNBC’s All In Monday night, defending the actions of Officer Tim Loehmann and concluding that unwavering compliance from citizens is necessary to avoid death at the hands of police.

Tamir Rice was shot and killed by Loehmann- an officer who was declared too emotionally unstable to continue working at his former department in Independence- seconds after he and another officer encountered Rice. The video of the incident appears to have contradicted the account given by police, who had said that officers told the boy to put his hands up several times.

The beginning of the discussion between Melber and Follmer was focused on the story of Cleveland Browns receiver Andrew Hawkins, who wore a shirt that read “Justice for Tamir Brown and John Crawford” last Sunday. Follmer had expressed his disgust over Hawkin’s choice of clothing and sent a statement to NewsNet 5 in Cleveland that said “It’s pretty pathetic when athletes think they know the law. They should stick to what they know best on the field.” Follmer also demanded an apology from the Browns.

The discussion gradually shifted to the shooting of Rice. “Don’t you think at a certain point that this kind of reaction risks feeding the perception that some of these police unions or some folks here don’t think they’re accountable to public views?” asked Melber.

“You know, there’s a video of this, and everything speaks for itself. The male’s action spoke for itself. The video clearly shows, and by the officers’ statement, that they were justified  in the deadly force,” said Follmer.

“You’re saying that the video clearly shows that the 12-year-old boy was an imminent lethal threat to the officers?” Melber asked.

“Oh, absolutely. I don’t know if you didn’t see it, but yeah absolutely,” Follmer replied.

“What do you think about the concern people have, that folks are being killed in some cases by officers when there’s less than a lethal threat posed?” Melber asked Follmer later on.

“How about this? Listen to police officer’s commands, listen to what we tell us, tell you, and just stop,” Follmer said. “I think that eliminates a lot of problems. I have kids too, they know how to respect the law, they know what to do when a police officer comes up to them. I think the nation needs to realize that when we tell you to do something, do it. And if you’re wrong, you’re wrong. If you’re right, then the courts will figure it out.”

12-year-old Tamir Rice shooting ruled a homicide

Officer Timothy Loehman shot and killed 12-year-old Tamir Rice while he was playing in a park. According to the autopsy report released today, Rice died from a gunshot wound to the torso with “injuries of major vessel, intestines and pelvis.”

According to reports and video surveillance, Rice was playing in the park with a toy airsoft gun that shoots plastic pellets. Rice was shot less than two seconds after the police car pulled up beside him in the park.

The family released this statement after watching the surveillance video: “It is our belief that this situation could have been avoided and that Tamir should still be here with us, the video shows one thing distinctly: the police officers reacted quickly.”

 

Below is the autopsy report released today:

READ | Full Tamir Rice autospy report by WKYC.com

Personnel Files Of Officer Who Shot Tamir Rice Reveal “Emotional Perplexity”, Inability To Handle Firearms

Cleveland, OH-  Personnel files of Cleveland Officer Tim Loehmann released by Cleveland.com revealed that Loehmann displayed serious problems with handgun training stemming from emotional issues.

Loehmann’s personal and professional history is under scrutiny following the tragic November 22nd incident in which Loehmann shot and killed 12-year-old Tamir Rice after a 911 call reported a person with a gun that was “probably fake”. Surveillance footage of the shooting showed that Loehmann shot Rice within seconds of approaching him in a cruiser, contradicting a statement from Deputy Police Chief Ed Tomba who said officers gave Tamir three orders to “show your hands”.

Before joining the Cleveland Police Department, Loehmann was a patrol officer working for the Independence Police Department. A memorandum, written by Independence Deputy Chief Jim Polak, expressed concern over Loehmann’s emotional issues during his poor performance at a state range qualification course for handgun training. Polak wrote that he was notified of Loehmann’s emotional issues by Independence Police Sgt. Greg Tinnirello:

[pull_quote_center]”I was notified by FTO Sgt. Tinnirello of the following circumstances related to our recruit, Ptl. Loehmann. A written statement was included. On this date, during a state range qualification course Ptl. Loehmann was distracted and weepy. He could not follow simple directions, could not communicate clear thoughts nor recollections, and his handgun performance was dismal. Sgt. Tinnirello tried to work through this with Ptl. Loehmann by giving him some time. But, after some talking it was clear to Sgt. Tinnirello that the recruit was just not mentally prepared to be doing firearm training.”[/pull_quote_center]

According to the memorandum, Tinnirello and Loehmann then went for a drive to discuss the incident at the shooting range. During this drive, “Sgt. Tinnirello continued to speak with Tim about his problems, and Ptl. Loehmann continued with his emotional meltdown to a point where Sgt. Tinnirello could not take him into the store, so they went to get something to eat and he continued to try and calm Ptl. Loehmann,” Polak wrote. “Sgt. Tinnirello describes the recruit as being very downtrodden, melancholy with some light crying. Sgt. Tinnirello later found this emotional perplexity was due to a personal issue with Ptl. Loehmann’s on and off again girlfriend whom he was dealing with till 0400 hrs the night before.”

Polak added that Loehmann was “not mature enough in his accepting of responsibility or his understanding in the severity of his loss of control on the range.”

The memorandum noted that Loehmann appeared to display lack of loyalty with IPD. “He [Loehmann] keeps referring to being told to stay in Independence, although it appears he often thinks of going to NY, where his best friend lives, and he has opportunities to work for NYPD,” Polak wrote. “He told me that he was called by NYPD, and although he declined their position, he was told he would be on their list for 2 more years. That theme was repeated many times by Ptl. Loehmann, even him stating, ‘I will work here as long as possible; and do my best, but if I find I don’t like it then I will go do something else.’ I found this lack of commitment to us, disturbing.”

Polak concluded that “due to this dangerous loss of composure during live range training and his inability to manage this personal stress, I do not believe Ptl. Loehmann shows the maturity needed to work in our employment. Unfortunately in law enforcement there are times when instructions need be followed to the letter, and I am under the impression Ptl. Loehmann, under certain circumstances, will not react in the way instructed. Ptl. Loehmann’s lack of commitment for his future here at Independence is disconcerting.” Polak recommended that Loehmann be released from the department and wrote that neither “time, nor training, will be able to change or correct these deficiencies.”

Loehmann chose to resign ahead of being released by IPD. Loehmann joined the Cleveland Police Department in March. Cleveland police spokesman Sgt. Ali Pillow acknowledged that Cleveland police never saw the the personnel files criticizing Loehmann and recommending his departure from IPD before hiring him. Cleveland police had inquired IPD’s human resources department about any disciplinary measures taken against Loehmann during his time there, and IPD informed them that there were none.

CBS reports that Loehmann has returned to work but is not on patrol while an investigation is underway.