National

Judge: Enough Evidence to Charge Police in Black Boy’s Death

Published

9 years ago

June 12, 2015

This Nov. 26, 2014 file photo shows a still image taken from a surveillance video that was played at a news conference held by Cleveland Police. It shows Cleveland police officers arriving at Cudell Park on a report of a man with a gun. A judge has ruled that evidence exists to charge two police officers in the fatal shooting of a 12-year-old boy who was holding a pellet gun outside a recreation center, Thursday, June 11, 2015. (AP Photo/Mark Duncan, File)

MARK GILLISPIE, Associated Press

CLEVELAND (AP) — A judge said Thursday that enough evidence exists to charge two white policemen in the fatal shooting of a 12-year-old black boy who was holding a pellet gun, a largely symbolic ruling because he can’t compel prosecutors to charge them.

Municipal Court Judge Ronald Adrine ruled there’s probable cause to charge rookie officer Timothy Loehmann with murder, involuntary manslaughter, reckless homicide or dereliction of duty in the November shooting death of Tamir Rice. And he ruled there’s evidence to charge Loehmann’s partner, Frank Garmback, with reckless homicide or dereliction of duty.

The judge made his ruling after activists submitted affidavits asking the court to rule there’s enough evidence to charge the officers in Tamir’s death, which has spurred protests and complaints about the treatment of blacks by police.

“This court reaches its conclusions consistent with the facts in evidence and the standard of proof that applies at this time,” the judge wrote.

The Cuyahoga County Sheriff’s Department recently completed its investigation and gave its file to the county prosecutor, whose staff is reviewing the case while preparing to take it to a grand jury to determine if criminal charges should be filed.

Cuyahoga County prosecutor Tim McGinty said Thursday that this case, like all other fatal use-of-deadly-force cases involving law enforcement officers, will go to a grand jury.

“Ultimately,” he said, “the grand jury decides whether police officers are charged or not charged.”

The killing of Tamir has become part of a national outcry about minorities, especially black boys and men, dying while in police custody. Cleveland and the U.S. Department of Justice are moving forward on a reform-minded consent decree after a DOJ investigation found Cleveland police had engaged in a practice of using excessive force and violating people’s rights.

A Rice family attorney, Walter Madison, said the judge’s ruling Thursday was “historic.”

“I think it’s a blueprint for the rest of the nation with respect to citizen participation,” Madison said. “They’re able to participate through engagement. They can witness the transparency. A transparency leads to legitimacy.”

The judge wrote in his ruling that a video of the shooting of Tamir captured by a surveillance camera is “notorious and hard to watch.” The video, which was released shortly after the shooting, shows Loehmann shooting Tamir in the abdomen within two seconds of a police cruiser driven by Garmback skidding to a stop near the boy.

The judge said he watched the video several times and was “thunderstruck” by how quickly the encounter turned deadly.

“There appears to be little if any time reflected on the video for Rice to react or respond to any verbal or audible comments,” he wrote.

Police officials have said Loehmann ordered Tamir three times to put up his hands before he shot the boy. A former police union official said officers had no way of knowing Tamir was carrying an airsoft gun that only looked like a real firearm.

The officers had responded to a 911 call reporting that a man was pointing and waving a gun at a playground outside a recreation center. The caller said the gun might not be real, but that information wasn’t relayed to the officers.

One of the activists who submitted affidavits said the judge’s ruling gives everyone a chance to “catch their breath.”

“It’s a small step forward in the fight for justice for Tamir Rice,” Rachelle Smith said. “But it isn’t justice in and of itself.”

Attorneys working with the activists acknowledged that, regardless of how a judge ruled on the affidavits, evidence would ultimately have to go to a grand jury for the case to proceed to trial. The activists used an obscure section of state law that allows private citizens to file affidavits in court alleging a crime has occurred.

An Ohio State University law professor, Ric Simmons, said it was a “troubling precedent” for a judge to weigh in on a criminal case before the prosecutor has acted.

“Given the prosecutor’s expertise and access to the evidence,” he said, “the prosecutor is in the best position to make a decision about whether to bring charges and what charges are appropriate.”

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Oakland Post: Week of April 17 – 23, 2024

The printed Weekly Edition of the Oakland Post: Week of April 17 – 23, 2024

Published

4 days ago

April 19, 2024

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Barbara Lee

Congresswoman Barbara Lee Issues Statement on Deaths of Humanitarian Aid Volunteers in Gaza 

On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12). “This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

Published

6 days ago

April 17, 2024

Oakland Post

Congresswoman Barbara Lee

By California Black Media

“This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

The same day, it was confirmed by the organization that the humanitarian aid volunteers were killed in a strike carried out by Israel Defense Forces (IDF). Prior to the incident, members of the team had been travelling in two armored vehicles marked with the WCF logo and they had been coordinating their movements with the IDF. The group had successfully delivered 10 tons of humanitarian food in a deconflicted zone when its convoy was struck.

“This is not only an attack against WCK. This is an attack on humanitarian organizations showing up in the direst situations where food is being used as a weapon of war. This is unforgivable,” said Erin Gore, chief executive officer of World Central Kitchen.

The seven victims included a U.S. citizen as well as others from Australia, Poland, the United Kingdom, Canada, and Palestine.

Lee has been a vocal advocate for a ceasefire in Gaza and has supported actions by President Joe Biden to airdrop humanitarian aid in the area.

“Far too many civilians have lost their lives as a result of Benjamin Netanyahu’s reprehensible military offensive. The U.S. must join with our allies and demand an immediate, permanent ceasefire – it’s long overdue,” Lee said.

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Commentary

Commentary: Republican Votes Are Threatening American Democracy

In many ways, it was great that the Iowa Caucuses were on the same day as Martin Luther King Jr. Day. We needed to know the blunt truth. The takeaway message after the Iowa Caucuses where Donald Trump finished more than 30 points in front of Florida Gov. De Santis and former South Carolina Governor Nikki Haley boils down to this: Our democracy is threatened, for real.

Published

6 days ago

April 16, 2024

Oakland Post

It was strange for Iowans to caucus on MLK day. It had a self-cancelling effect. The day that honored America’s civil rights and anti-discrimination hero was negated by evening. That’s when one of the least diverse states in the nation let the world know that white Americans absolutely love Donald Trump. No ifs, ands or buts.

By Emil Guillermo

In many ways, it was great that the Iowa Caucuses were on the same day as Martin Luther King Jr. Day.

We needed to know the blunt truth.

The takeaway message after the Iowa Caucuses where Donald Trump finished more than 30 points in front of Florida Gov. De Santis and former South Carolina Governor Nikki Haley boils down to this: Our democracy is threatened, for real.

And to save it will require all hands on deck.

It was strange for Iowans to caucus on MLK day. It had a self-cancelling effect. The day that honored America’s civil rights and anti-discrimination hero was negated by evening.

That’s when one of the least diverse states in the nation let the world know that white Americans absolutely love Donald Trump. No ifs, ands or buts.

No man is above the law? To the majority of his supporters, it seems Trump is.

It’s an anti-democracy loyalty that has spread like a political virus.

No matter what he does, Trump’s their guy. Trump received 51% of caucus-goers votes to beat Florida Gov. Ron DeSantis, who garnered 21.2%, and former South Carolina Gov. Nikki Haley, who got 19.1%.

The Asian flash in the pan Vivek Ramaswamy finished way behind and dropped out. Perhaps to get in the VP line. Don’t count on it.

According to CNN’s entrance polls, when caucus-goers were asked if they were a part of the “MAGA movement,” nearly half — 46% — said yes. More revealing: “Do you think Biden legitimately won in 2020?”

Only 29% said “yes.”

That means an overwhelming 66% said “no,” thus showing the deep roots in Iowa of the “Big Lie,” the belief in a falsehood that Trump was a victim of election theft.

Even more revealing and posing a direct threat to our democracy was the question of whether Trump was fit for the presidency, even if convicted of a crime.

Sixty-five percent said “yes.”

Who says that about anyone of color indicted on 91 criminal felony counts?

Would a BIPOC executive found liable for business fraud in civil court be given a pass?

How about a BIPOC person found liable for sexual assault?

Iowans have debased the phrase, “no man is above the law.” It’s a mindset that would vote in an American dictatorship.

Compare Iowa with voters in Asia last weekend. Taiwan rejected threats from authoritarian Beijing and elected pro-democracy Taiwanese vice president Lai Ching-te as its new president.

Meanwhile, in our country, which supposedly knows a thing or two about democracy, the Iowa caucuses show how Americans feel about authoritarianism.

Some Americans actually like it even more than the Constitution allows.

About the Author

Emil Guillermo is a journalist and commentator. He does a mini-talk show on YouTube.com/@emilamok1.