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 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...

What a Year It Has Been! Let the Celebration of Transit Month Continue

What a Year It Has Been! Let the Celebration of Transit Month Continue By Erin McMillan 49 Van Ness/Mission using the brand new bus rapid transit lanes on opening day in April. During Transit Month this September, we’re continuing the celebration by looking back to more of the work we’ve done over the last year— some that has been less obvious to Muni customers, but critical to a well-functioning system and other work that is more front and center. Fix It! Week and Continuing State of good Repair Work Muni is an impressive transit system. Moving thousands of people on rail and buses every day takes a lot of coordination and a lot of work. Dealing with unique challenges like San Francisco’s geography and shifting travel patterns, we also have to deal with issues related to the Muni system’s age. Proper care and maintenance of a transit system many decades old takes strategic planning as regular maintenance needs to happen while continuing to provide service. Typically, regular Mun...

Permanent Relief for Muni Customers in SoMa?

Permanent Relief for Muni Customers in SoMa? By Erin McMillan Shortly after the pandemic’s onset, the SFMTA implemented Temporary Emergency Transit Lanes to make sure essential trips on Muni wouldn’t get caught in traffic. On Mission Street from 11th to 3rd streets in SoMa , the transit lanes have proven effective at protecting Muni travel times while traffic has increased. Now, with the city’s reopening generating even more traffic, keeping these lanes on the road permanently is as important as ever. Paint Shop Crew Removing Old Pavement Markings for Installation of Transit Only Lanes on Mission Street on September 23, 2020 What’s Next? Given that the data shows the lanes are effective, the SFMTA is now pursing making the full-time transit lanes, and their benefits, permanent. Following up on our initial evaluation of the project, we are now inviting the community to learn about next steps for making the lanes permanent. We are hosting a two-week virtual open house where you ca...

Street Transformations to Address COVID-19 Keep San Francisco Moving

Street Transformations to Address COVID-19 Keep San Francisco Moving By Eillie Anzilotti A street closure in the Tenderloin as part of the COVID-19 response efforts. Since the start of the COVID-19 pandemic in March 2020, many aspects of people’s lives have changed – including how we get around town. To reflect this new reality, the SFMTA pivoted in the way we design and operate our streets. From streets that prioritized people walking and bicycling in some of San Francisco’s major parks to Temporary Transit Lanes (TETLs) that protected Muni lines from the return of traffic congestion, San Francisco reimagined how streets could be used for people. We have documented some of these transformations in a new report that highlights emergency street operations, Temporary Emergency Transit Lanes , the Slow Streets Program , Tenderloin street closures and reusing streets within or close to parks for recreational purposes. Within each effort, the report touches on the ways in which city ...

Agra: All historical monuments except Taj Mahal to reopen from September 1 https://ift.tt/2YnrJQd

The Agra district administration on Thursday announced that all historical monuments here, other than the Taj Mahal and the Agra Fort, will reopen from September 1. District Magistrate P.N. Singh said that the monuments -- Fatehpur Sikri, Sikandara, Etmauddaulabs tom, Ram Bagh, Mehtab Bagh and a few other smaller ones would be thrown open to public, but with a set of conditions.

New Dashboards Give a Window into Muni Service Changes

New Dashboards Give a Window into Muni Service Changes By Kate McCarthy An inspector manages Muni service. New dashboards that help inform changes to Muni service are now live at SFMTA.com/MuniData Many factors inform our decisions about Muni service adjustments. These include making sure changes to service support the SFMTA’s values, which are economic vitality, environmental stewardship, trust and equity. We also evaluate travel patterns. You can now explore these patterns using the new Muni data dashboards  (SFMTA.com/MuniData). When looking at possible Muni service changes, the first thing we do is turn to the Muni Service Equity Strategy for guidance. Using the Muni Service Equity Strategy, we prioritize providing Muni service along routes that more often serve people of color, members of low-income households, and/or those who are dependent upon transit service, including people with disabilities and seniors. We also use ridership data to analyze where riders are boa...

Powered Scooters Charge City’s Transportation Recovery

Powered Scooters Charge City’s Transportation Recovery By Jason Hyde The SFMTA is releasing its next round of Powered Scooter Share permits on July 1. Scooters remain a sustainable mode of travel and a complement to Muni and public transit service as the city recovers from the pandemic and San Franciscans begin to travel more. The SFMTA’s Powered Scooter Share Program is essential in ensuring that shared scooter operations support the city’s economic recovery in a safe, sustainable, and equitable way.  The SFMTA received four submittals for the permit program and will issue permits to two operators : Spin and Lime. Permits will be in effect for a one-year term, with the option to extend for another year at the discretion of the SFMTA based on compliance with various program metrics. While the new permit program does not set a limit on the number of scooters each operator may deploy, it does limit the overall citywide fleet size at 10,000. Starting at a base of 2,000 scooters...

The Future of Slow Streets

The Future of Slow Streets By Eillie Anzilotti Over the past two years, Slow Streets have shown how simple designs that prioritize people can transform streets. Suddenly, streets across San Francisco filled with the sounds of kids playing and neighbors chatting. They filled with people on bicycles and people rolling in wheelchairs; with joggers and dog-walkers. The streets came to life. Initially, the SFMTA introduced Slow Streets as an emergency response to COVID-19. People needed space for recreating at a safe distance outdoors. And with Muni service reduced or suspended at the time, people needed ways to travel to essential destinations on foot or bike. To quickly meet these early pandemic needs, we implemented Slow Streets with simple signs and barricades. Over time, it became clear that Slow Streets served an even larger purpose. They became places for communities to come together. Neighbors organized events like scavenger hunts and Trick or Treat parties around their local Sl...

Geary Boulevard Improvement Project Update

Geary Boulevard Improvement Project Update By Amy Fowler Geary Boulevard is a critical east-west arterial and one of the busiest bus corridors in North America, connecting downtown San Francisco to the Richmond District. The SFMTA has been busy working on the second phase of planned improvements on Geary, called the Geary Boulevard Improvement Project , to improve Muni’s 38 Geary bus service and address traffic safety between 34th Avenue and Stanyan Street.  The project is building on the success of the Geary Rapid Project , which was recently completed on time and on budget and has already shown promising travel time savings on the eastern half of the Geary corridor.    Last fall, we asked neighbors in the Richmond about their priorities for transit, safety and driving issues on Geary via pop-up events on the corridor and a Virtual Open House. Thanks to input from over 600 community members , the SFMTA has used this feedback to draft the detailed, block-by-bloc...

SFMTA to Replace All Parking Meters in the City

SFMTA to Replace All Parking Meters in the City By Jessie Liang San Franciscans will see new parking meters on city streets beginning in early March 2022. Staff from the SFMTA’s Parking Meter Shop will replace the meters at all the nearly 27,000 paid parking spaces in the city because those meters have reached the end of their useful lives, and because many of the meters rely on 3G communications technology that soon will be phased out by the wireless companies. The first new meters will be installed in the South of Market and Mission Bay neighborhoods.  SFMTA staff will provide notices on vehicle windshields when the new meters are activated.  The new meters will provide several benefits, including larger and more legible screens, more intuitive user interface, more powerful batteries, and more resistance to vandalism.   The following neighborhoods will move to a pay-by-license-plate system with new paystations. South Beach SoMa Mission Bay Civic Center H...