Skip to main content

New top story from Time: Justice Department Declines to Charge Officer Who Killed 12-Year-Old Tamir Rice

https://ift.tt/2WWjvgY

(WASHINGTON) — The Justice Department announced Tuesday that it would not bring federal criminal charges against two Cleveland police officers in the 2014 killing of 12-year-old Tamir Rice, saying video of the shooting was of too poor a quality for prosecutors to conclusively establish what had happened.

In closing the case, the department brought to an end a long-running investigation into a high-profile shooting that helped galvanize the Black Lives Matter movement and that became part of the national dialogue about police use of force against minorities, including children. The decision, revealed in a lengthy statement, does not condone the officers’ actions but rather says the cumulative evidence was not enough to support a federal criminal civil rights prosecution.

Tamir was playing with a pellet gun outside a recreation center in Cleveland on Nov. 22, 2014, when he was shot and killed by Officer Timothy Loehmann, who is white, seconds after Loehmann and his partner, Officer Frank Garmback, arrived at the scene. The officers were called to the recreation center after a man drinking beer and waiting for a bus had called 911 to report that a “guy” was pointing a gun at people. The caller told a 911 dispatcher that it was probably a juvenile and the gun might be “fake,” though that information was never relayed to the officers.

To bring federal civil rights charges in cases like these, the Justice Department must prove that an officer’s actions willfully broke the law rather than being the result of a mistake, negligence or bad judgment. It has been a consistently tough burden for federal prosecutors to meet across both Democratic and Republican administrations, with the Justice Department declining criminal charges against police officers in other high-profile cases in recent years, including in the deaths of Eric Garner in New York City and Michael Brown in Ferguson, Missouri.

In a statement, Subodh Chandra, an attorney for the boy’s family, said the Justice Department’s “process was tainted” and the family has demanded prosecutors provide additional information about recommendations made during the probe.

“It’s beyond comprehension that the Department couldn’t recognize that an officer who claims he shouted commands when the patrol car’s window was closed and it was a winter day is lying,” Chandra said. “The Rice family has been cheated of a fair process yet again.”

In this case, the Justice Department said poor-quality surveillance video recorded in the area where the shooting took place prevented prosecutors from being able to conclusively determine whether Rice was or was not reaching for his toy gun just prior to being shot. The two officers who were investigated told authorities soon after the shooting that Rice was reaching for his toy weapon prior to being shot and was given multiple commands to show his hands.

But the video reviewed by federal prosecutors makes the sequence of events less clear. The grainy time-lapse video, which has no audio, “does not show detail or perspective” and the camera’s view is obstructed by a police patrol car, prosecutors said. In addition, they said, though the positioning of the boy’s arms suggests they were in the vicinity of his waist, “his hands are not visible in the video and it cannot be determined from the video what he was doing.”

The Justice Department says seven use-of-force experts — three retained by the family, four by local authorities — reviewed the recording, but the poor quality of the video on which they relied and their “conflicting opinions added little to the case.” The experts used by the family said the shooting was unreasonable while the four others said that it was reasonable.

The New York Times reported in October that the department had effectively shut down the investigation, but Tuesday’s announcement makes it official.

Inconsistent witness statements also complicated any prosecution, and neither person said they saw exactly what Rice was doing just before the shooting, according to the Justice Department.

In a statement at the scene to three other law enforcement officers, Loehmann “repeatedly and consistently stated” that Tamir was reaching for a gun before he shot him, prosecutors said.

Both Loehmann and Garmback also said in statements after the shooting that Loehmann had given Tamir “multiple commands to show his hands before shooting” and both officers saw him reaching for the weapon. Prosecutors said Loehmann and Garmback were the only two witnesses in the “near vicinity of the shooting.”

A state grand jury had declined to indict Loehmann, though he was later fired after it was discovered he was previously deemed “unfit for duty.”

The Justice Department also investigated whether the officers obstructed justice in statements they made to other investigators soon after the shooting. Prosecutors concluded that though the statements included some different language, they were generally consistent. And since there was not enough evidence to prove the statements were untrue, there was also not enough evidence to prove that the officers sought to misled investigators or to obstruct a probe into their actions.

__

Associated Press writer Mark Gillispie in Cleveland contributed to this report.

Comments

Popular posts from this blog

New top story from Time: U.S. Lawmaker Wants to Ban Booze ‘To Go’ at Airports Amid Surge in Unruly Passengers

https://ift.tt/3kExvs4 Limiting the sale of “to-go” alcohol at airports and creation of an industrywide no-fly list are among the steps that may be needed to help stem the epidemic of air rage incidents on airline flights. But disagreements over which ones to pursue emerged at an often contentious U.S. House Transportation and Infrastructure Committee hearing Thursday that also highlighted the deep divide among industry sectors and the emotional politics surrounding mask requirements during travel. While most lawmakers decried the surge in unruly passenger incidents some Republican lawmakers attacked what they called hypocritical policies by the Biden administration and criticized airlines for enforcing the mask rule. Democrats, in turn, said lax standards in some states contributed to the problem. [time-brightcove not-tgx=”true”] “I would agree totally that there are mixed messages out there and that it’s confusing to the public and at times makes it very difficult for f...

Upset on app ban, China urges India to restore normal trade relations https://ift.tt/2UZaL8L

China on Wednesday urged the government to restore the trade relations for mutual benefit. The development comes after reports of China being upset by India's latest ban on 43 Chinese mobile applications. According to an official statement issued by the Chinese embassy in New Delhi, "China and India are the opportunities of development to each other rather than threats. Both sides should bring bilateral economic and trade relations back to the right path for mutual benefit and win-win results on the basis of dialogue and negotiation."

Bangladeshi man arrested in Singapore for plotting attacks against Hindus, planning to fight in Kashmir https://ift.tt/350fQSE

A Bangladeshi man, who was plotting attacks against Hindus in his own country and planning to fight in Kashmir, has been arrested by Singapore's security agencies which investigated the suspicious activities of 37 people as part of the heightened security measures in the city-state following recent terror strikes in Europe. In a statement, the Ministry of Home Affairs said that counter-terrorism investigations into the suspicious activities of 37 people in Singapore have been carried out after most of them posted on social media, inciting violence or stoking community unrest in the aftermath of the terror attacks in France.

New top story from Time: EPA to Drastically Limit Hydrofluorocarbons Used in Refrigerators and Air Conditioners

https://ift.tt/3ELWLoj (WASHINGTON) — In what officials call a key step to combat climate change, the Environmental Protection Agency is sharply limiting domestic production and use of hydrofluorocarbons, highly potent greenhouse gases commonly used in refrigerators and air conditioners. The new rule announced Thursday follows through on a law Congress passed last year and is intended to decrease U.S. production and use of HFCs by 85% over the next 15 years, part of a global phaseout designed to slow global warming. The administration also is taking steps to crack down on imports of HFCs, greenhouse gases that are thousands of times more powerful than carbon dioxide. They often leak through pipes or appliances that use compressed refrigerants and are considered a major driver of global warming. President Joe Biden has pledged to embrace a 2016 global agreement to greatly reduce HFCs by 2036. [time-brightcove not-tgx=”true”] White House climate adviser Gina McCarthy, a for...

Sabarimala temple to tap on massive gold reserve, TDB to approach RBI for gold loans https://ift.tt/3j7tcSK

Feeling the heat of the financial crisis arising out the coronavirus pandemic, the Sabarimala Temple in Pathanamthitta district, Kerala is planning to tap on massive gold reserve in its vaults. The Travancore Devasom Board (TDB) is planning to approach the Reserve Bank of India for gold loans. 

New top story from Time: Inside HBO’s Nuclear Family—and a Lesbian Family’s Fight To Exist

https://ift.tt/3i1aZbe The power of family—in its love, pain and fierceness—is universal. It transcends time and borders, and connects people of every race, gender and sexuality. Yet throughout the world certain families are granted more respect—while others are placed under direct threat. Such is the family at the heart of HBO’s new three-part documentary Nuclear Family , the first part of which airs on Sunday, Sept. 26 . The series follows filmmaker Ry Russo-Young as she turns the camera on her own childhood, documenting how her two lesbian mothers , Robin Young and Sandy Russo, chose to form a queer family in the late ’70s and early 1980s in New York City—at a time when the concept was inconceivable to many with in and outside of the queer community. Ry and her older sister Cade were born via sperm donors ; two gay men that the girls grew up knowing. Their sense of safety was shattered in 1991, when Ry was 9 years old, and her donor, an attorney named Tom Steel, sued h...

New top story from Time: Japan Opens Mass Vaccination Centers in Attempt to Curb COVID-19 Wave 2 Months Before Olympics

https://ift.tt/3u9TpoV (TOKYO) — Japan mobilized military doctors and nurses to give shots to elderly people in Tokyo and Osaka on Monday as the government desperately tries to accelerate its vaccination rollout and curb coronavirus infections just two months before hosting the Olympics. Prime Minister Yoshihide Suga is determined to hold the Olympics in Tokyo after a one-year delay and has made an ambitious pledge to finish vaccinating the country’s 36 million elderly people by the end of July, despite skepticism it’s possible. Worries about public safety while many Japanese remain unvaccinated have prompted growing protests and calls for canceling the Games set to start on July 23. Suga’s government has repeatedly expanded the area and duration of a virus state of emergency since late April and has made its virus-fighting measures stricter. Currently, Tokyo and 9 other areas that are home to 40% of the country’s population are under the emergency and further extension i...

New top story from Time: Belarus Opposition Figure Detained When Ryanair Flight Diverted

https://ift.tt/3bL9PxG KYIV, Ukraine — A prominent opponent of Belarus’ authoritarian president was arrested Sunday after the airliner in which he was traveling was diverted to the country after a bomb threat, in what the opposition is calling a hijacking operation by the government. The presidential press service said President Alexander Lukashenko personally ordered that a MiG-29 fighter jet accompany the Ryanair plane — traveling from Athens, Greece, to Vilnius, Lithuania — to the airport in the capital Minsk. Deputy air force commander Andrei Gurtsevich said the plane’s crew made the decision to land in Minsk, but Lithuanian President Gitanas Nauseda claimed the plane was forced to land there. Belarus’ “regime is behind this,” Nauseda said on Twitter. The Belarusian Interior Ministry said Raman Pratasevich was arrested at the airport. Pratasevich is a co-founder of the Telegram messaging app’s Nexta channel, which Belarus last year declared as extremist after it was...

Muni’s R-Howard 80 Years On

Muni’s R-Howard 80 Years On By Jeremy Menzies Eighty years ago on September 7, 1941, the San Francisco Municipal Railway launched its first all-electric bus route, the R Howard. Today the route no longer survives in its original form but the legacy of the R lives on in our electric trolley bus fleet and bus routes that serve the same area. Two Muni buses lay over at the “Bridge Terminal” at Beale and Howard Streets in this November 1941 photograph. At left is the 4 Embarcadero, which ran along the waterfront and the recently established R Howard trolley bus at right. The R traces its lineage back to the 35 Howard streetcar line, operated by the Market Street Railway Company. This line ran from the Ferry Building to 24th and Rhode Island Streets on Howard and South Van Ness. In 1939, when the company’s agreement to run the 35 expired, the city decided to establish the R Howard in its place. Electric trolley buses were chosen for the new service for their low cost of operation and to...

New top story from Time: Inside Facebook’s Meeting with Palestinian Officials Over Posts Inaccurately Flagged as Incitement to Violence

https://ift.tt/3bK7IKd Senior Facebook executives apologized to the Palestinian Prime Minister Mohammad Shtayyeh in a virtual meeting on Tuesday, after officials complained to the company about Palestinian posts being blocked amid the conflict with Israel , according to a diplomat who facilitated the meeting. Palestinian officials left the meeting on Tuesday with the impression that Facebook had admitted there was an “inherent issue with their algorithms” and that they had promised to address it, according to an account of the meeting shared with TIME by Husam Zomlot, the head of the Palestinian mission to the U.K. As tensions rose between Israel and Palestine earlier this month, Instagram restricted access to Arabic-language posts and hashtags that mentioned Al-Aqsa mosque, the third-holiest site in Islam. The mosque in Jerusalem had been the site of recent Palestinian protests amid high communal tensions in the city. Posts mentioning Al-Aqsa were removed as Israeli pol...