The investigation into the death of Tamir Rice, the 12 year old boy who was shot by Timothy Loehmann while holding an airsoft gun, showed its true purpose over the last few days; protecting the egregious actions of their own and limiting their legal liabilities. Starting with reports claiming that Timothy McGinty, County Prosecutor in charge of the Rice case, has no intention of following a Judge’s Ruling that enough probable cause exist to not only charge Loehmann but his partner, Frank Garmback, as well. As DEO noted in his post yesterday:
Timothy McGinty has been telling people he will not comply with the recommendation of Cleveland Municipal Judge Ronald Adrine to charge the officers responsible for the death of Tamir Rice, and force them to defend their actions in court. Even worse, he is saying he does not agree with Judge Adrine’s finding that there is probable cause to charge the officers with any crime. He says he has conducted a thorough investigation of the facts in the Nov. 22, 2014 shooting and will present them to the grand jury some time this month and let them decide if charges should be filed. But if he goes to the grand jury with no recommendation or a recommendation that there is no probable cause to indict, or before releasing the second video of the shooting, it is extremely unlikely the grand jury on its own will file charges.
As if that news wasn’t bad enough, this morning reports from Lamar Sims (Denver’s Senior Chief Deputy District Attorney) and Kimberly Crawford (retired FBI special agent) were released with findings that:
found Timothy Loehmann, the rookie patrolman who shot Tamir, exercised a reasonable use of force because he had reason to perceive him as a serious threat. The boy was described in a 911 call as a man waving and pointing a gun.
The Cuyahoga County Prosecutor’s Office released expert reports Saturday into the November 2014 shooting.
Both Sims and Kimberly are being sold to us as “experts” and that their conclusions of “reasonable force” being used should be accepted above our own conclusions. Yet, many of us who have watched the video and dug into the details of the case (like the 911 caller saying, “it’s probably fake [referring to the gun]” multiple times) it’s easy to conclude that police training, particularly the escalation of force, was a large factor that resulted in the tragedy. You should also know that Loehmann wasn’t a rookie, in fact he was fired from his last job because he simply wasn’t ‘police material.’ Maybe these experts didn’t know that when they referred to Loehmann as a rookie or they’re attempting to justify his actions with another lie.
Regardless it’s now clear that an honest look into this police shooting will not happen and justice for Tamir will not be found in the courtroom. The investigators started dragging their feet from the start taking months to question key witnesses in the case. McGinty promised the family that he’d provide a fair investigation and bring charges where applicable. Months went by with no word, the family held protest, had petitions signed and still nothing. Instead of a fair investigation McGinty handed it to Sims; his personal friend who said, “that it is hard to prove beyond a reasonable doubt that an officer did not shoot a suspect based on thinking their life or someone else’s life was in danger.” This bit of knowledge from Sims came from a daylong event held in none other than McGinty’s office if March – four months before Sims was asked to investigate the Rice case. Seems oddly convenient that this man was chosen for this ‘fair and impartial’ independent report.
The family for one is not buying it and released their own statement:
“The Rice family and Clevelanders have always said that they want the officers who rushed upon and killed 12-year-old Tamir held accountable. The family now believes that the prosecutor’s office has been on an 11-month quest to avoid providing that accountability. Any presentation to a grand jury — without the prosecutor advocating for Tamir — is a charade. To get so-called experts to assist in the whitewash — when the world has the video of what happened — is all the more alarming.
These supposed “experts” — all pro-police — dodge the simple fact that the officers rushed Tamir and shot him immediately without assessing the situation in the least. Reasonable jurors could find that conduct unreasonable. But they will never get the chance because the prosecutor is working diligently to ensure that there is no indictment and no accountability.
“Who will speak for Tamir before the grand jury? Not the prosecutor, apparently.”
The fact that not one single criticism, suggested policy change or new form of training has been suggested by the police department, prosecutors or cops themselves should alarm you. It begs the question of “how many more will they kill before you care?” Because obviously the system doesn’t care about getting justice for Tamir, what makes you think it will get justice for you?
Lastly, we should not forget the slew of unprecedented regulations for police in Cleveland was recently announced by United States Attorney, Steven Dettelbach, in hopes of curbing some of the escalating tensions between the people and the police in a time of escalating police brutality. I guess McGinty and company didn’t get that memo or they believe those findings are as pointless as Judge Adrine’s findings because their actions will aren’t going to curb any of the escalating tensions these clear double standards will bring.
VIDEO: CLEVELAND POLICE STALK TAMIR RICE MEMORIAL