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: Germany Has Officially Recognized Colonial-Era Atrocities in Namibia. But For Some, Reconciliation Is a Long Way Off

https://ift.tt/3fVRkaO The German government formally recognized colonial-era atrocities against the Herero and Nama people in modern-day Namibia for the first time, referring to the early 20th century massacres as “genocide” on Friday and pledging to pay a “ gesture to recognize the immense suffering inflicted.” “In light of the historical and moral responsibility of Germany, we will ask Namibia and the descendants of the victims for forgiveness,” said German Foreign Minister Heiko Maas in a statement , adding that the German government will fund projects related to “reconstruction and the development” of Namibia amounting to €1.1 billion ($1.3 billion). The sum will be paid out over 30 years and must primarily benefit the descendants of the Herero and Nama, Agence France-Presse reported . [time-brightcove not-tgx=”true”] Although it’s a significant step for a once colonial power to agree such a deal with a former colony, there’s skepticism among some experts and ob...

New top story from Time: Republicans Sink Proposal for a January 6 Commission

https://ift.tt/3wHhZyS 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. As the clock ticked past 2 a.m. this morning, Sen. Dan Sullivan stood before a mostly-empty Senate chamber. Ostensibly the Alaska Republican was talking about the pending tech bill, but those watching in their offices knew their colleague’s filibuster was about everything but a tech bill on the floor. “We must face this challenge with confidence and strategic resolve,” Sullivan droned on as he took his turn gumming up the legislative process in a 19-hour filibuster. Just so long as facing that challenge wasn’t investigating the failed insurrection at the Capitol on Jan. 6. [time-brightcove not-tgx=”true”] Senators today rejected a planned commission to study what led to a mob storming the Capitol while trying to overturn the results of the 2020 election. The Democratic-led House had already passed its ver...

FOX NEWS: Canine influenza outbreak: What dog owners need to know A canine influenza outbreak in Los Angeles is drawing up concern among pet owners on the West Coast.

Canine influenza outbreak: What dog owners need to know A canine influenza outbreak in Los Angeles is drawing up concern among pet owners on the West Coast. via FOX NEWS https://ift.tt/lTOH3qM

FOX NEWS: Nathan's hot dog eating contest returns July Fourth — outdoors and with a crowd America’s most delicious wiener war returns to Coney Island on the Fourth of July – outdoors, under the sun and open to the public.

Nathan's hot dog eating contest returns July Fourth — outdoors and with a crowd America’s most delicious wiener war returns to Coney Island on the Fourth of July – outdoors, under the sun and open to the public. via FOX NEWS https://ift.tt/3p35tr1

FOX NEWS: College student sheds 100 pounds after years of dedication: 'The greatest accomplishment' Lori Odegaard, 24, from Fargo, North Dakota, tells Fox News about her incredible weight loss journey.

College student sheds 100 pounds after years of dedication: 'The greatest accomplishment' Lori Odegaard, 24, from Fargo, North Dakota, tells Fox News about her incredible weight loss journey. via FOX NEWS https://ift.tt/4Ccj9TY

FOX NEWS: National Nut Day: Health benefits of pistachios, almonds, cashews and more revealed October 22 is National Nut Day.

National Nut Day: Health benefits of pistachios, almonds, cashews and more revealed October 22 is National Nut Day. via FOX NEWS https://ift.tt/3m1mYIm

Raksha Bandhan 2020

Raksha Bandhan 2020 is going to be celebrated in India according to the lunar calendar month of Shravan which is August 3 this year. During the celebration women tie a variety of Rakhi on the wrist of their brothers with a wish to keep all misfortune, distress, evils away from their brothers. In return, brothers promise them for protection and to stand by her in every circumstance. During the rituals, brother offers some gifts to their sisters as a customary gesture. Raksha Bandhan is a very important festival in India. During the festival, sisters who resides far away from their brothers send them Raksha Bandhan quotes to brother through SMS or any other electronic medium. Similarly, brothers sent to their sisters Raksha Bandhan quotes to sister through these media to express their good wishes and well beings for their sisters. In this festival, Raksha Bandhan Quotes, Raksha Bandhan Images, Raksha Bandhan greetings typically trends on all social media platforms. People sen...

New top story from Time: President Trump’s Brother, Robert Trump, Dies at 71

https://ift.tt/3g1Evdc (NEW YORK) — President Donald Trump’s younger brother, Robert Trump, a businessman known for an even keel that seemed almost incompatible with the family name, died Saturday night after being hospitalized in New York, the president said in a statement. He was 71. The president visited his brother at a New York City hospital on Friday after White House officials said he had become seriously ill. Officials did not immediately release a cause of death. “It is with heavy heart I share that my wonderful brother, Robert, peacefully passed away tonight,” Donald Trump said in a statement. “He was not just my brother, he was my best friend. He will be greatly missed, but we will meet again. His memory will live on in my heart forever. Robert, I love you. Rest in peace.” The youngest of the Trump siblings had remained close to the 74-year-old president and, as recently as June, filed a lawsuit on behalf of the Trump family that unsuccessfully sought to stop ...

New top story from Time: Actor Farhan Akhtar Pays Tribute to Legendary Sprinter Milkha Singh, India’s ‘Flying Sikh’

https://ift.tt/3gTcTuw I played Milkha Singh—the Indian sporting legend who died on June 18 of COVID-19 complications at age 91—in the 2013 biopic Bhaag Milkha Bhaag. ( The title translates to Run Milkha Run. ) Singh was a child of partition, and who came from poverty, but he had a lot of faith in himself and the belief that if you work hard, you will be remembered. That, to me, is his legacy. Back in my school days, I remember how my physical education teacher would often point to Singh as an example when we would slack off on our training. Many of us were told that growing up: if you want to be successful in sports, you have to train like this guy. [time-brightcove not-tgx=”true”] And the first time we met was at a running track in Mumbai where I was training for the film. Singh had spent time serving in the army before his athletic career; I expected him to be concise and terse in his demeanor. But he quickly put me at ease. He arrived dressed in a tracksuit, and tol...