White officer won’t face charges in killing of Cleveland boy
McGinty said Loehmann’s actions – in the 2 seconds before opening fire on Rice – were based on the belief that the weapon was real, and that the boy looked older than 12. “I expect we’ll be making a statement”, he said.
Lawmakers and parents alike have recently grown anxious to put a halt to children obtaining toy guns that too closely resemble the real weapons.
“We respect the justice system and the dedication of the jurors from our community”, the statement released by attorney Henry Hilow said.
An investigation found that Tamir was shot at distance of between 4½ and 7 feet and that Loehmann fired twice, with one of the shots missing the boy.
Officer Timothy Loehmann shot Tamir within seconds of emerging from a cruiser because the officer thought the boy was drawing a gun from his waistband.
CNN reports that prosecutor Timothy McGinty said that it was “reasonable” for the cop who killed Tamir to believe that he was facing a threat.
Prosecutors described Tamir as very big for his age. We all lose, however, if we give in to anger and frustration and let it divide us. Five people held up signs, with pictures of Tamir and other people who have been fatally shot by police around the country.
The Airsoft replica of a.45-caliber semiautomatic handgun usually has an orange tip on it, but Rice’s gun did not.
Although the officers’ actions were not criminal, Mr McGinty said Cleveland had learned from the shooting. The caller reported seeing someone brandishing a gun in a park, though they weren’t sure if it was a real firearm.
The family urged anyone who’s disappointed in the grand jury decision to express that “peacefully and democratically”.
It cited that it was hard for the officers to tell the difference between a real gun and the pellet gun that the victim, Tamir Rice, was carrying at that time. Both officers declined to be interviewed by investigators, but provided unsworn written testimony that was presented to grand jurors on Tuesday. In a call placed to 911, a resident said, “There’s a guy in there with a pistol, you know, it’s probably fake, but he’s like pointing it at everybody”.
Mr McGinty, who announced the grand jury’s decision on Monday, faulted the emergency services dispatcher for not relaying that information to police.
Rice’s family has filed a wrongful death suit against the officers involved and the city of Cleveland and has requested that the federal government investigate whether Rice’s death involved any federal crimes.
McGinty, for his part, said he agreed with the decision, blaming the shooting on a “perfect storm” of human error and miscommunication. Tamir was holding a pellet gun when he was killed.
“The outcome will not cheer anyone, nor should it”, McGinty said. But it would not be justice to bring charges against the officers involved in the shooting if those charges “could not be sustained”. McGinty called the evidence “indisputable”.
Prosecutor McGinty allowed the police officers to take the oath and read prepared statements to the grand jury without answering any questions on cross-examination.
Mayor Frank G. Jackson will issue his response to the Grand Jury decision and outline city plans to move forward as One Cleveland during a 4 p.m. press conference.
The video contains no audio but there does not appear to have been enough time to say all they said they did.
A grand jury cleared two Cleveland police officers in the November 2014 fatal shooting of 12-year-old Tamir Rice, a prosecutor said on Monday, adding that there was not enough evidence to charge them.