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

FOX NEWS: 'Lego Master' artist explains his job creating building challenges for contestants It takes almost as much creativity finding a Lego Master as it does to become one.

'Lego Master' artist explains his job creating building challenges for contestants It takes almost as much creativity finding a Lego Master as it does to become one. via FOX NEWS https://ift.tt/3yhaAqx

FOX NEWS: Dog earns Guinness World Record for longest ears This dog can definitely hear it when people say he’s a good boy.

Dog earns Guinness World Record for longest ears This dog can definitely hear it when people say he’s a good boy. via FOX NEWS https://ift.tt/3zKc8tR

MLA hostel in Mumbai evacuated after bomb scare https://ift.tt/3n307dK

An MLA hostel in south Mumbai was evacuated after the city police received a phone call about a bomb being placed in the building, an official said on Tuesday. However, no bomb was found after a search in the premises and the phone call turned out to be a hoax, he said. The incident took place on Monday night when an unidentified person called the police, saying a bomb was placed inside the Akashvani MLA hostel, located near the state secretariat, the official said.

New top story from Time: The Rolling Stones Open Their American Tour, Paying Tribute to Drummer Charlie Watts

https://ift.tt/3o7cVTy ST. LOUIS — The Rolling Stones are touring again, this time without their heartbeat, or at least their backbeat. The legendary rockers launched their pandemic-delayed “No Filter” tour Sunday at the Dome at America’s Center in St. Louis without their drummer of nearly six decades. It was clear from the outset just how much the band members — and the fans — missed Charlie Watts, who died last month at age 80. Except for a private show in Massachusetts last week, the St. Louis concert was their first since Watts’ death. The show opened with an empty stage and only a drumbeat, with photos of Watts flashing on the video board. After the second song, a rousing rendition of “It’s Only Rock ‘N’ Roll (But I Like It),” Mick Jagger, Keith Richards and Ronnie Wood came to the front of the stage. Jagger and Richards clasped hands as they thanked fans for the outpouring of support and love for Watts. Jagger acknowledged it was emotional seeing the photos of Watts....

New top story from Time: In the Gently Moving Minari, a Korean Family Finds Home in America’s Heartland

https://ift.tt/3ksxkyn Most stories about immigrants adjusting to America take place in cities, environs where a newcomer may already have family or friends, or at least be able to find a community. The family in writer-director Lee Isaac Chung’s Minari takes a different route: Jacob and Monica (Steven Yeun and Yeri Han) have come to America from Korea to seek better opportunities—we don’t know much more than that. But we do learn that Jacob has a dream of growing things, of being a farmer. Jacob, Monica and their two young children, David and Anne (Alan Kim and Noel Cho), have lived for a time in California, but as the movie opens, we see them driving to what will be their new home: A blocky rectangle of a house propped on cinderblocks, adjacent to a stretch of land that looks like paradise to Jacob—but not to Monica. She says little at first, but her stern silence tells us what she’s thinking: Why have you brought us here? This is 1980s Arkansas; there may be a few Koreans ...

New top story from Time: To Build Back Better, Tax Ultra-Wealthy Families Like Ours

https://ift.tt/2Y1lvIB After a summer of speculation, the contours of the deal needed to pass President Joe Biden’s popular “Build Back Better” agenda are becoming clear. To win key votes , Congress will have to find fresh sources of revenue to match new spending. Fortunately, there is an economically sound, overwhelmingly popular path that the President is endorsing: requiring ultra-wealthy families like ours to pay more in taxes. Doing so would mean reforming a tax code that allows the wealthiest to build and maintain fortunes without paying their share in taxes. Ultra-wealthy families further reduce their tax burdens to a pittance by deferring sale of their appreciated assets, borrowing against those assets and structuring their charitable giving. From 2014 to 2018, America’s 25 wealthiest people amassed a combined $401 billion, but in some years paid zero federal income tax, according to ProPublica . The Biden Administration calculates that America’s richest 400 famil...

FOX NEWS: Hurricane Ida forces dogs and cats to be airlifted from Louisiana, Mississippi to shelters across US As Hurricane Ida hits the South, animal shelters nationwide have been helping cats and dogs escape affected areas.

Hurricane Ida forces dogs and cats to be airlifted from Louisiana, Mississippi to shelters across US As Hurricane Ida hits the South, animal shelters nationwide have been helping cats and dogs escape affected areas. via FOX NEWS https://ift.tt/3kHFCmR

New top story from Time: Jasper Johns: “Dying While on Assignment Doesn’t Seem Like a Bad Idea”

https://ift.tt/39PD2WS Jasper Johns, possibly America’s most famous living artist and still plying his trade at 91, launches two retrospectives on Sept. 29; one at the Whitney Museum of American Art in New York City and the other at the Philadelphia Museum of Art . The exhibitions, known collectively as Mind/Mirror, illuminate the through lines of Johns’ large body of work: his fascination with such everyday symbols as numbers, targets, maps and flags; his sometime habit of limiting his color palette to red, blue, yellow and orange; and his exploration of such techniques as collage, hatching and scale. One section of the Whitney is dedicated to his variations on the motif of a Savarin coffee can crammed with brushes, which is widely believed to be the artist’s way of representing himself. Johns, who famously destroyed all his prior work before painting his first flag, lives in Connecticut and rarely gives interviews. He answered questions from TIME via email. [time-brightco...

New top story from Time: The Overlapping Worlds of Author Amor Towles

https://ift.tt/3AUkxMM Amor Towles had never actually been beneath the vaulted ceiling of an Adirondack lake house when he described the one in his 2011 debut, the best-selling Rules of Civility . He could only imagine the appeal of such an exalted communal space—“this great room where the family gathers”—until, while shopping for a second home with the money from that book, he found himself touring a property an hour and a half north of Manhattan. “I was like, This is it!” says Towles, throwing his arms toward a 30-ft. ceiling that, like the glistening lake outside, now belongs entirely to him. “It was this weird thing where I was kind of buying the living room that I had written about,” he says. “Which, in a Stephen King novel, would end badly.” [time-brightcove not-tgx=”true”] In the storybook life of Amor Towles, however, the new owner lays down thick Oriental rugs (thicker still where they overlap), sets his laptop on a long oval table by floor-to-ceiling windows and—...

New top story from Time: Here’s What We Learned From Three New Britney Spears Documentaries, From Secret Surveillance to #FreeBritney Infiltrators

https://ift.tt/3m9avBb A flurry of new documentaries centered on Britney Spears and her court-ordered conservatorship have shed more light on the immense hardship that Britney has faced over the course of the 13-year legal arrangement. The three specials—FX and the New York Times’ Controlling Britney Spears , CNN’s Toxic: Britney Spears ‘ Battle for Freedom and Netflix’s Britney Vs Spears —were all released in the week leading up to Britney’s highly anticipated Sept. 29 court date, a hearing at which Los Angeles County Superior Court Judge Brenda Penny is expected to address Britney’s petitions to remove her father, Jamie Spears, as conservator and terminate the conservatorship as well as Jamie’s own unexpected petition to end the arrangement . [time-brightcove not-tgx=”true”] Attention surrounding the hearing and the fan-driven #FreeBritney movement has continued to ramp up in recent days as reports of shocking new details regarding Britney’s case, as alleged by t...