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

Man killed in firing during violent protest in Rajasthan's Dungarpur https://ift.tt/3jkIGDz

Aman was killed in firing during the violent protest in Rajasthan's Dungarpur where tensions escalated further on Saturday evening forcing the state government to rush three senior police officers to the district to control the situation.

Good News! Modi govt may increase Rs 6,000 cash support under PM-KISAN for farmers https://ift.tt/38ModUY

The Budget session of Parliament will begin on January 29 with the address of President Ram Nath Kovind to the joint sitting of both the Houses. Finance Minister Nirmala Sitharaman will present the Union Budget on February 1.

2+2 dialogue between India, US ahead of US Election conveys a lot about bilateral ties: Report https://ift.tt/37XFH0I

The 2+2 dialogue between India and the United States was held just a week before the presidential elections in the US and this conveys a lot about where bilateral ties between both the countries are heading. According to a Europe-based think tank, there is bipartisan recognition in the US of the need to counter Chinese belligerence and the 2+2 dialogue reflects the confidence that India and US have in the robustness of their relationship.

Former Papua New Guinea Prime Minister Arrested Over Corruption Charges Peter O'Neill was arrested by police at Jackson's International Airport in Port Moresby on Saturday after flying back from Brisbane, Australia, where he had been stranded because of Covid-19 lockdowns.

Peter O'Neill was arrested by police at Jackson's International Airport in Port Moresby on Saturday after flying back from Brisbane, Australia, where he had been stranded because of Covid-19 lockdowns. from Top World News- News18.com https://ift.tt/2WZWQRM https://ift.tt/2ytWMjJ Peter O'Neill was arrested by police at Jackson's International Airport in Port Moresby on Saturday after flying back from Brisbane, Australia, where he had been stranded because of Covid-19 lockdowns.

New top story from Time: Thinking About Buying a New Car? It May Be Smarter to Wait a Year—Or Longer

https://ift.tt/3zeivWQ Before the pandemic, Earl Stewart could count over 300 new cars sitting on the lot of his family’s Toyota dealership in South Florida on any single day. The high inventory meant customers could find the exact model and color they wanted for well below sticker price. But now, Stewart’s lot has just a fraction of the cars he had before, with inventory down to 31 as of Friday. That’s because a global shortage of semiconductor chips supplied primarily from Southeast Asia—where COVID-19 cases are among the highest in the world—has forced automakers to cut production. Nearly 20 auto factories have stopped or reduced production in recent weeks due to supply chain issues, affecting plants across the globe. At Ford’s Kansas City assembly plant, which builds the F-150 pickup and Transit van, employees were temporarily laid off for one week as they continue to wait for back-ordered chips to become available. General Motors announced it will temporarily stop produc...

Fake News: Says Trump on reports of paying $750 income taxes in 2016, 2017 https://ift.tt/3cCE7Sg

Donald Trump paid just USD 750 in federal income taxes in the year he was elected US president and also in his first year in the White House, according to a media report, which also said that he or his companies paid USD 145,400 taxes in India in 2017. Trump entered the 2016 presidential race as a Republican and was elected in a surprise victory over Democratic nominee Hillary Clinton.

World hits coronavirus milestones amid fears worse to come https://ift.tt/2Bhgkcg

The world surpassed two sobering coronavirus milestones Sunday -- 500,000 confirmed deaths, 10 million confirmed cases -- and hit another high mark for daily new infections as governments that attempted reopenings continued to backtrack and warn that worse news could be yet to come. from IndiaTV: Google News Feed https://ift.tt/3g4bXjC

The West may develop Covid vaccine first, but India to strategise supply chain https://ift.tt/368rQUc

A Covid vaccine could soon become a reality. The world is now gearing up for a rollout and working on developing infrastructure that serves the purpose to inoculate 7.5 billion people spread across seven continents. Anticipated to be the largest and fastest operation ever undertaken of vaccine production, procurement, and distribution, the momentous task requires proper strategy and a mechanism to save lives. While several countries lack this experience, India holds a distinction in the channelisation of a vaccine to its population, reminding the world about its success story of polio and tuberculosis.

Landlord Arrested for Killing Tenant Over Using 100-watt Bulb in Delhi's Harsh Vihar

The deceased identified as Jagdish was an e-rickshaw driver and lived with his wife and an eight-year-old daughter. from Top India News- News18.com https://ift.tt/2Zy2kET

PM Modi tears into Opposition, says Pulwama admission exposed real faces of those who politicized attack https://ift.tt/3oLq7eu

Prime Minister Narendra Modi on Saturday tore into the Opposition for politicising the Pulwama attack. The mention, at an event in Gujarat, came just days after Pakistan minister Fawad Chaudhry admitted that Pakistan was responsible for the Pulwama terrorist attack in Jammu and Kashmir in 2019 that killed 40 CRPF personnel and brought the two countries to the brink of a war. The prime minister said the admission by the neighbouring country has "exposed the real faces of those who did politics over the attack". Remembering the sacrifices of the bravehearts, he said that the country can never forget "how some people were looking for political gains when India lost its sons".