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

Muni Moves You!

Muni Moves You! By Jeanne Brophy This week we are launching a campaign to welcome back Muni riders as San Francisco continues to move further into pandemic recovery. The campaign encourages transit trips to destinations throughout the city to reconnect you to the people and places that define our city and shape the communities we belong to. As many of us adopt new travel patterns for work commutes, school trips with visits to neighborhood businesses, and cultural and sporting activities, Muni offers a reliable, safe option to move about the city. The launch of the campaign coincides with steadily increasing ridership during the work week and even more increases for weekend ridership. This is good news for SF. Increased ridership will help the city wet its climate goals and reduce traffic congestion. Sustained lower transit ridership can have negative implications for the environment and traffic congestion. The campaign graphics feature the popular Muni “worm” logo originally desig...

Smarter Traffic Signals Prioritize Transit and People

Smarter Traffic Signals Prioritize Transit and People By Robert Lim Have you ever wondered how traffic signals could better balance the needs of all road users, whether driving, bicycling, walking or taking Muni? The SFMTA is rolling out its Connected Corridor Pilot this month to use transit platform and traffic signal sensor data to inform signal timing adjustments. The pilot also aims to collect information to support transit efficiency and street safety improvements.  Traffic engineers use signal timing adjustments as a tool to prioritize the flow of travel in specific directions or for different travel modes – Muni, people walking or driving – to meet the changing demands of the road network across different timepoints in a day. The Connected Corridors Pilot seeks to push the envelope of innovation by investing in advanced technologies, funded through a U.S. Department of Transportation (USDOT) grant. These tools will better position the city to serve the potential future ne...

Muni Service Changes Starting June 13

Muni Service Changes Starting June 13 By Mariana Maguire Beginning Saturday, June 13, the SFMTA will increase Muni service and frequency, add select routes into service and extend some current routes to continue to support essential trips. A key goal of these service increases is to support the community’s economic recovery by providing more connections to neighborhood commercial districts as businesses begin to reopen. We are also adding more frequent service on targeted routes to help address crowding and improve onboard physical distancing. These service changes will improve transit access through Chinatown, SoMa and the Excelsior neighborhoods, identified by the Muni’s Service Equity Strategy as neighborhoods that rely on transit service the most based on the percentage of households with low incomes, private vehicle ownership and race and ethnicity demographics. Although Muni continues to be for essential trips only, many people have no choice but to use transit to r...

How Muni is Tackling the 10 Worst Delay Hot Spots Across SF

How Muni is Tackling the 10 Worst Delay Hot Spots Across SF By Cassie Halls The SFMTA has had its fair share of ribbon-cutting ceremonies  over the last two years. These celebrations draw attention to some of our biggest projects. Also attention-worthy are some of the more incremental efforts happening at the agency. One such effort led by the Muni Forward team is the Transit Delay Hot Spots Program , launched in February 2020 . Muni Forward is known for corridor projects such as the L Taraval Improvement Project , 16 th Street Improvement Project , and M Oceanview Transit and Safety Project . These efforts are increasing the already sizeable 80 miles of transit reliability upgrades since 2014. There are also other ways we’re working to slash travel times and improve reliability across the Muni network. The Transit Delay Hot Spots Program aims to tackle the 10 worst “delay hot spots” each year, where buses crawl between stops at four miles an hour or less. We’re looking cl...

Gene Henderson: Honoring Muni’s First Black Division Manager

Gene Henderson: Honoring Muni’s First Black Division Manager By Jeremy Menzies In recognition of Black History Month, we bring you the story of Gene Henderson, the first Black man to become the head of a Muni bus division, Muni’s Kirkland Division. Henderson’s Background Gene Henderson was born in Houston, Texas, in 1916. He married his wife Naomi in 1939 and then served in the U.S. Army during World War II. Following the war, Gene and his family moved to San Francisco where he began his career at the San Francisco Municipal Railway. Early Career On February 1, 1946, Henderson was hired as a streetcar motorman out of Sutro Division, which was located on the corner of 32nd Ave. and Clement St. He was hired just five years after Muni’s first Black transit operator, Audley Cole, had successfully fought to integrate the carmen’s union in 1941. In his early days at Muni, Gene worked one of the three lines running out of Sutro Division from the Ferry Building to the Richmond District o...

PM Modi extends birthday wishes to Sonia Gandhi https://ift.tt/3lYD7eu

Prime Minister Narendra Modi on Wednesday extended birthday greetings to Congress Interim President Sonia Gandhi. Taking to Twitter, Prime Minister Modi said, "Birthday greetings to Smt. Sonia Gandhi Ji. May God bless her with a long and healthy life."

New Customer Information System Signs Coming to a Transit Shelter Near You!

New Customer Information System Signs Coming to a Transit Shelter Near You! By Kharima Mohamed As part of the Next Generation Customer Information System project, over 700 new Liquid Crystal Display (LCD) signs will display real-time information at Muni transit shelters. Approximately one-third of these signs will be double-sided to provide additional visibility at the highest-ridership stops and major transfer points. This week we installed a single-sided prototype at Eddy and Larkin streets. Serving the Tenderloin, an Equity Neighborhood , this sign will feature real-time predictions for the 19 Polk and 31 Balboa routes. The primary purpose for installing this prototype is to conduct in-field hardware testing, especially with rain, wind and colder temperatures.    We know there is an urgent need for more effective signage and are excited to roll out the new customer information system later this year.  The new LCD signs will eventually replace all existing Next...

Masked Against Coronavirus, South Korean Students Return to School The beginning of the spring semester has been postponed several times since March as South Korea battled the first large coronavirus outbreak outside China, with classes held online.

The beginning of the spring semester has been postponed several times since March as South Korea battled the first large coronavirus outbreak outside China, with classes held online. from Top World News- News18.com https://ift.tt/2LL3SDw https://ift.tt/2ACnUgX

Cable Cars are Returning this Summer!

Cable Cars are Returning this Summer! By Restored Cable Car 8 being readied for return to service Nothing says “San Francisco” quite like our historic cable cars--and they’ll soon be gracing our streets once more. As the city intensifies its focus to supporting economic recovery, residents, regional visitors and tourists will see the return of the iconic cable cars and hear their chiming bells from Union Square to Fisherman’s Wharf. Today, the SFMTA, along with Mayor London N. Breed, announced that cable cars will be gliding down the city’s picturesque hilltops this summer as downtown economic activity returns. SFMTA staff will conduct mechanical inspections of the historic vehicles and operator retraining in mid-July. By the first week of August, we will test the system by inviting passengers aboard for the duration of a “mock service" trial, riding the lines where cable cars are operating and making stops. This mock service will be irregular, not following a particular s...

Improved Muni Transit Information

Improved Muni Transit Information By Kharima Mohamed As part of the larger effort to provide improved transit information to Muni riders, we have significantly improved the SFMTA.com stop webpages with a focus on improved accessibility.  Each of the over six thousand stops throughout the Muni Service Network has a unique webpage that displays multiple features. These improved features on the stop webpage help to improve the customer experience for riders to easily get all the information they need to get where they need to be.   Features include:   A mobile-first designed web app view for succinct on-the-go real-time vehicle predictions at the top of the page.  Detailed route information served at each location.  Alerts specific to both that specific stop and all of the routes served.  A real-time vehicle-tracking map and a vicinity map for each stop.  Nearby stops to provide stop options if an alternative is needed.  ...