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: All 53 People Aboard Indonesia Submarine Declared Dead After Vessel’s Wreckage Found

https://ift.tt/3ezrzg5 ANYUWANGI, Indonesia — Indonesia’s military on Sunday officially said all 53 crew members from a submarine that sank and broke apart last week are dead, and that search teams had located the vessel’s wreckage on the ocean floor. The grim announcement comes a day after Indonesia said the submarine was considered sunk, not merely missing , but did not explicitly say whether the crew was dead. Officials had also said the KRI Nanggala 402’s oxygen supply would have run out early Saturday, three days after vessel went missing off the resort island of Bali. “We received underwater pictures that are confirmed as the parts of the submarine, including its rear vertical rudder, anchors, outer pressure body, embossed dive rudder and other ship parts,” military chief Hadi Tjahjanto told reporters in Bali on Sunday. “With this authentic evidence, we can declare that KRI Nanggala 402 has sunk and all the crew members are dead,” Tjahjanto said. An underwater ro...

New top story from Time: As Myanmar’s Junta Intensifies Its Crackdown, Pro-Democracy Protesters Prepare for Civil War

https://ift.tt/3cUWeEQ Before the Feb. 1 coup, Zarni Win* worked for a United Nations-funded committee that monitored a ceasefire between Myanmar’s junta and ethnic armed groups. Today, the 27-year-old from Yangon, the country’s largest city, is getting ready to enlist in one of those groups herself. “Now is the time to start preparing to eliminate the terrorist military,” she tells TIME. “I am ready to join the armed revolution.” Myanmar is veering dangerously toward all-out civil war as the military, known as the Tatmadaw, terrorizes the public , and attacks restive ethnic territories. The U.N. special envoy for Myanmar, Christine Schraner Burgener, warned on Mar. 31 that “a bloodbath is imminent.” In an online presentation cited by the Associated Press, she said civil war “at an unprecedented scale” was a possibility and spoke of Myanmar’s deterioration into a “failed state.” Protesters in Myanmar have maintained a largely peaceful resistance to dictatorship since ...

New top story from Time: Almost Every Doctor Recommends Sunscreen. So Why Don’t We Know More About Its Safety?

https://ift.tt/3llOUXn Each year, as Memorial Day approaches, Holly Thaggard braces herself for the headlines. About how sunscreen may be damaging coral reefs . About the possible flammability of spray-on sunscreen . Headlines—as there were this year—about how sunscreen contains chemicals that could harm your health . “This has happened every single year for the last decade of my life,” says Thaggard, founder of Texas-based Supergoop, a sunscreen company that brands itself as reef-safe and free of hundreds of potentially problematic ingredients. This year, the is-sunscreen-dangerous news cycle started in May, when Valisure, an independent laboratory dedicated to quality-testing pharmaceuticals and personal-care products, released a report warning that its scientists found benzene—a carcinogen also found in vehicle emissions and cigarette smoke—in 78 U.S. sun-care products. Benzene is not an ingredient in sunscreens, but rather a contaminant likely introduced during the manu...

New top story from Time: No Time to Die Is an Imperfect Movie. But It’s a Perfect Finale for the Best James Bond Ever

https://ift.tt/3zVh3bj No Time to Die , the 27th movie in the James Bond franchise and the last to star Daniel Craig , isn’t the best Bond movie. Yet it may be the greatest. At two hours and 43 minutes, it’s too long and too overstuffed with plot—more isn’t always better. And it features one of the dullest villains in the series’ history, played by Rami Malek in mottled skin and dumb silky PJs. But forget all that. No Time to Die, its flaws notwithstanding, is perfectly tailored to the actor who is, to me, the best Bond of all. With his fifth movie as 007, Craig is so extraordinary he leaves only scorched earth behind. There will be other Bonds for those who want them. For everyone else, there’s Craig. [time-brightcove not-tgx=”true”] A summary of No Time to Die ’s labyrinthine plot would be boring to write and even more boring to read, so here are a few bullet points: The evil scheme engineered by Malek’s inscrutably named Lyutsifer Safin involves bioengineered weapons t...

New top story from Time: The Best Albums of 2021 So Far

https://ift.tt/2SvJehl This year’s musical offerings have been a scattered bunch: with the music industry still on a pandemic-induced slowdown, the output in the first half of the year has been less commercial than highly personal, narratively complex and, at times, surprisingly collaborative. We likely have quarantine to thank for that, a time during which artists could craft something cohesive on their own schedules. Besides Taylor Swift’s buzzy re-release of her 2008 album Fearless , the albums of the year so far have not been blockbusters, but projects to sit with and stew over, as some of the industry’s biggest stars continue to bide their time before making a comeback. Consider: Julien Baker’s melancholy, personal rock; the unlikely combo of a jazz musician and electronic DJ in Promises ; Jazmine Sullivan’s intimate embrace of female sexuality in a project that sounds and feels like a warm bath. These are the best albums of 2021 so far. [time-brightcove not-tgx=”true”...

New top story from Time: During the COVID-19 Meltdown, Dozens of Execs Pocketed Millions in Bonuses While Their Companies Went Bankrupt

https://ift.tt/3oDGdt7 This article is part of the The DC Brief, TIME’s politics newsletter. Sign up here to get stories like this sent to your inbox every weekday. The last time Congress made a major change to bankruptcy laws in 2005, legislators cleverly inserted a provision that barred troubled companies from tucking executive bonuses into the books right as they were skidding through bankruptcy unless a judge signed-off on the paycheck. The thinking was pretty straightforward: the execs at the wheel during their companies’ crash shouldn’t get lavish payouts while creditors were, at best, going to get pennies on the dollar for their debts. Back then, in 2005, the memory of Enron’s 2001 collapse was still fresh and the enduring populist rage about the 2008 Wall Street bailout was on the horizon. Almost two-thirds of Americans thought income inequality was an unfair feature of the American system back then, and back-door paydays were roundly loathed. [time-brightcove n...

New top story from Time: Netflix’s The Irregulars Isn’t a Great Sherlock Holmes Spinoff—But It’s Still a Lot of Fun

https://ift.tt/39fvRaz When you’re trying to sell a script, the name Sherlock Holmes evidently helps. Benedict Cumberbatch , Robert Downey Jr. , Ian McKellen and Jonny Lee Miller have all played versions of the character in the past decade, and last year’s Netflix hit Enola Holmes cast Millie Bobby Brown as his little sister. It makes sense: in this era of reboots, sequels and spin-offs, intellectual-property arms races and content overload, Arthur Conan Doyle ‘s fin de siècle PI isn’t just the most famous detective in English literature—he’s also mostly in the public domain. The Irregulars , another Netflix release, out March 26, is the least reverent recent expansion of the brand. Set in a coal-smudged Victorian London that owes more to Dickens than to Doyle, the series follows a crew of teenage orphans hired by a startlingly mean John Watson (Royce Pierreson) to help investigate a spike in paranormal crimes. Bea (Thaddea Graham), their bold leader, is fiercely protecti...

New top story from Time: Bill Clinton and James Patterson on Their New Presidential Thriller, Political Tribalism and Advice for Trump

https://ift.tt/3bXnVfe Three years after writing a bestselling novel together , former President Bill Clinton and author James Patterson are back with their second: The President’s Daughter , published jointly by Knopf and Little, Brown and Company on June 7. The novel follows a former president and onetime Navy SEAL who must rescue his kidnapped daughter. Using Clinton’s intimate knowledge of the workings of the presidency and Patterson’s proven methods for plotting suspense, the two men have written a book that takes readers swiftly from political machinations in Washington to shocking violence in New Hampshire to terrorist hideouts in Libya. They’re betting that a page-turner presidential thriller is just the kind of book readers are craving right now: “I think they’re hungry for it,” says Clinton, who is himself a longtime fan of Patterson’s. Clinton and Patterson spoke to TIME by phone on May 20. (When he joined the call, Clinton said he had just finished talking with U...

A Decade of Rolling out the Red Carpet for Riders

A Decade of Rolling out the Red Carpet for Riders By Cassie Halls An animated map showing the expansion of red transit lanes in San Francisco. View as a PDF . Accessible version of the expansion of red transit lanes:  Red Transit Lanes Over Time in San Francisco from 2013 to 2023  There is nothing quite like looking out the window at gridlock traffic while your bus coasts down a red transit lane. This may feel like an “only in San Francisco” pleasure – after all, San Francisco was one of the first U.S. cities to “roll out the red carpet” by painting bus lanes red. But red transit lanes have now become a popular way to keep buses out of traffic in more than 25 cities across the country.  The SFMTA is celebrating a decade since the installation of San Francisco’s first red transit lane on Church Street on March 23, 2013 . You can help us celebrate by riding that first red transit lane between Duboce and 16th Streets on Muni’s 22 Fillmore and J Church along with thousands o...