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: Hurricane Ida Winds Hit 150 MPH Ahead of Louisiana Strike

https://ift.tt/3jmdoyl NEW ORLEANS — Hurricane Ida rapidly grew in strength early Sunday, becoming a dangerous Category 4 hurricane just hours before hitting the Louisiana coast while emergency officials in the region grappled with opening shelters for displaced evacuees despite the risks of spreading the coronavirus. As Ida moved through some of the warmest ocean water in the world in the northern Gulf of Mexico, its top winds grew by 45 mph (72 kph) to 150 mph (230 kph) in five hours. The system was expected to make landfall Sunday afternoon, set to arrive on the exact date Hurricane Katrina ravaged Louisiana and Mississippi 16 years earlier. [time-brightcove not-tgx=”true”] The hurricane center said Ida is forecast to hit at 155 mph (250 kph), just 1 mph shy of a Category 5 hurricane. Only four Category 5 hurricanes have made landfall in the United States: Michael in 2018, Andrew in 1992, Camille in 1969 and the Labor Day Hurricane of 1935. Both Michael and Andrew were u...

Celebrating 150 Years of Cable Cars

Celebrating 150 Years of Cable Cars By Jeanne Brophy Powell Street Cable Cars Looking Down Powell Street Towards Sutter Street San Francisco’s iconic cable cars are turning 150 this year, and we’re throwing a party to celebrate! Today the SFMTA is kicking off a series of events that mark this sesquicentennial by offering residents and visitors a chance to learn more about the rich heritage and cultural significance of the cable car. The six-month celebration will take a journey through time and help people rediscover the allure of these cherished, moving city landmarks. Since their invention, cable cars have woven their way into the fabric of San Francisco, becoming a beloved symbol of the city. As part of the 150th anniversary celebration, unique "ghost" cable cars from vanished lines will make a remarkable return. Discover the craftsmanship behind these engineering marvels with the first-ever public tours of the Muni shop (video) where cable cars are built and maintai...

Delegation of 60 farmers meet Narendra Singh Tomar, extend support to farm laws https://ift.tt/37Py5x3

A delegation of 60 farmers belonging to Kisaan Majdoor Sangh, Baghpat on Thursday met Union Agriculture Minister Narendra Singh Tomar at Krishi Bhawan in Delhi. These farmers also submitted memorandum wherein they extended support to the new farm laws.

New top story from Time: John le Carré’s Silverview Is Not the Defining Final Chapter of a Literary Career

https://ift.tt/3BMuXOI When John le Carré died last December, his obituarists struck a common theme: here was a master spy novelist who, despite selling millions of books and having his work adapted for television and film , never received the recognition he deserved as a literary giant. Over six decades, le Carré drew upon his brief career in British intelligence to chronicle the decline of the U.K. as a global power and critique what he saw as an arrogant and corrupt Western neo-imperialism, typically through the perspective of those in the “secret world” of spying. His archetypal heroes were not James Bonds or Jack Reachers but often disillusioned men driven by moral values they are not certain they still believe in. What compels people to serve their country, or betray it, was a consistent theme in his work. [time-brightcove not-tgx=”true”] But just as Graham Greene —another former spy turned novelist—divided his work into “entertainments” and serious fare, so can one...

New top story from Time: Ireland Abandons 12.5% Tax Pledge as Global Deal Races to Finish

https://ift.tt/3iFmrts Ireland is ready to sign up to a proposed global agreement for a minimum tax on companies, a climbdown that removes one hurdle to an unprecedented deal that would reshape the landscape for multinationals. On the eve of a key meeting between 140 countries hosted by the Organization for Economic Cooperation and Development, the Irish government said it will join the push for a floor of 15% levied on profits of corporate entities. “This agreement is a balance between our tax competitiveness and our broader place in the world,” Irish Finance Minister Paschal Donohoe said in a statement Thursday evening announcing the pledge. The decision “will ensure that Ireland is part of the solution in respect to the future international tax framework.” [time-brightcove not-tgx=”true”] The rate agreed is 2.5 percentage points higher than the longstanding level that has been a pillar of Ireland’s economic model for a generation, underscoring its huge symbolic signifi...

New top story from Time: Good Intentions Are Not Enough. We Must Reset for a Fairer Future

https://ift.tt/3usi2im We need a reset. We know we have racism, sexism, ableism, homophobia, and additional forms of bias and discrimination built into our workplaces, our schools, our medical care and all our institutions. We know it is systemic and harmful. In the tech industry , its products are harming our brains, our self-worth, our values, our pandemic response, our children and our society. Social media platforms are enabling and amplifying white supremacy and other forms of hate for profit. Workers are struggling to make a living wage while CEO billionaires work them harder, pay them less, create poor working environments and hoard ill-gotten profits. In politics, we are witnessing attacks on voting rights , abortion and housing; in schools and universities, teaching racism and science are under threat. In hospitals, Black, Latinx and Southeast Asian workers hold the front line while their communities get less access and worse care. [time-brightcove not-tgx=”true”] ...

New top story from Time: Hiroshima Court Recognizes Victims of Radioactive ‘Black Rain’ as Atomic Bomb Survivors

https://ift.tt/39LiPR1 (TOKYO) — A Japanese court on Wednesday for the first time recognized people exposed to radioactive “black rain” that fell after the 1945 U.S. atomic attack on Hiroshima as atomic bomb survivors, ordering the city and the prefecture to provide the same government medical benefits as given to other survivors. The Hiroshima District Court said all 84 plaintiffs who were outside of a zone previously set by the government as where radioactive rain fell also developed radiation-induced illnesses and should be certified as atomic bomb victims. All of the plaintiffs are older than their late 70s, with some in their 90s. The landmark ruling comes a week before the city marks the 75th anniversary of the U.S. bombing. The U.S. dropped the world’s first atomic bomb on Hiroshima on Aug. 6, 1945, killing 140,000 people and almost destroying the entire city. The plaintiffs were in areas northwest of the ground zero where radioactive black rain fell hours after t...

New top story from Time: First U.S. Cardinal Criminally Charged With Sex Assault Against Minor

https://ift.tt/3la25uv (BOSTON) — Former Cardinal Theodore McCarrick, who was defrocked after a Vatican investigation confirmed he had sexually molested adults as well as children, has been charged with sexually assaulting a teenage boy during a wedding reception in 1974, court records show. McCarrick is charged with three counts of indecent assault and battery on a person over 14, according to documents filed in the Dedham District Court on Wednesday. He’s the first cardinal in the U.S. to ever be criminally charged with a sexual crime against a minor, according to Mitchell Garabedian, a well-known lawyer for church sexual abuse victims who is representing the man alleging the abuse by McCarrick. [time-brightcove not-tgx=”true”] “It takes an enormous amount of courage for a sexual abuse victim to report having been sexually abused to investigators and proceed through the criminal process,” Garabedian said in an email. “Let the facts be presented, the law applied, and a fai...

New top story from Time: No, the Vikings Did Not Discover America. Here’s Why That Myth is Problematic

https://ift.tt/3h1mI9B Who discovered America? The common-sense answer is that the continent was discovered by the remote ancestors of today’s Native Americans. Americans of European descent have traditionally phrased the question in terms of identifying the first Europeans to have crossed the Atlantic and visited what is now the United States. But who those Europeans were is not such a simple question—and, since the earliest days of American nationhood, its answer has been repeatedly used and misused for political purposes . Everybody, it seems, wants a piece of the discovery. The Irish claim centers on St Brendan, who in the sixth century is said to have sailed to America in his coracle. The Welsh claimant is Madog ab Owain Gwynedd, who is said to have landed in Mobile, Ala., in 1170. The Scottish claimant is Henry Sinclair, earl of Orkney, who is said to have reached Westford, Mass., in 1398. The English have never claimed first contact, but in the English colonies John Ca...

New top story from Time: March Madness Exploits Black Athletes. The Supreme Court Should End This Injustice Now

https://ift.tt/3rC4ttJ The NCAA basketball tournament—commonly referred to as March Madness —is a beloved ritual in college athletics and the capstone of the athletic year. “Bracketology” fuels water cooler conversations and on-line chat rooms, and when Barack Obama was President, White House predictions about who would win it all. After the final buzzer sounds, we impatiently wait for college football season to start. As fans consume action on the field or hardwood, a different reality exists for the so-called “student-athletes” who generate billions for the NCAA and are paid in “scholarships.” The NCAA’s Athletic Industrial Complex that exists for Division 1 football and basketball is built on commercial exploitation that we, as Americans, would find unacceptable elsewhere. That edifice is before the Supreme Court in an academic antitrust case which will be argued on March 31. But the Court should not overlook that real players’ lives are impacted; and real harms occur ea...