Justice Department Refuses To Charge Officers Who Shot Tamir Rice Citing "Grainy Footage"

[Cicada 5]

The Justice Department announced on Tuesday that it has closed the investigation into the November 2014 killing of 12-year-old Tamir Rice by police officers in Cleveland, Ohio, and will not make any federal charges against the officers involved.

Tamir was playing with a toy gun on a playground outside a recreation center when Cleveland Police Officers Timothy Loehmann and Frank Garmback pulled up on the scene. The officers were responding to a 911 call from someone who reported a juvenile playing with a gun that was probably fake, though the dispatcher did not relay those details. Video footage of the incident shows that Loehmann shot the young boy within seconds after getting out of his patrol car.

But in its statement on the decision not to charge either of the officers, the Justice Department said the video footage is “grainy, shot from a distance, does not show detail or perspective, and portions of the incident are not visible because of the location of the patrol car.”

“To fully assess whether this shooting constituted an unreasonable use of force, career prosecutors closely examined, among other things, the evidence concerning the movement of Tamir’s arms and hands just prior to the shots. As mentioned, the video footage is of extremely poor quality and has gaps in time of up to one second. The footage does not establish that Tamir was drawing a weapon from his waistband; however, the footage also does not establish that Tamir was not reaching for a gun when Officers Loehmann and Garmback state that he was doing so,” reads the statement.


Though the statement acknowledges that Loehmann shot Tamir within seconds, it also cites statements from the officer and his partner that they gave “multiple commands” to Tamir before the shooting.

The department said there was ultimately insufficient evidence to find that Loehmann’s actions were unreasonable, which is the burden to meet in order to establish a federal civil rights violation.

The decision comes several weeks after a report that the Justice Department had essentially stopped actively investigating the incident last year and had begun slowing down the federal inquiry into Rice’s death when the Trump Administration took office.

Subodh Chandra, attorney for the Rice family, told the AP that the Justice Department’s “process was tainted.”

“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,” she said. “The Rice family has been cheated of a fair process yet again.”

Citing Grainy Video Footage, Justice Department Says It Won't Charge Officers in Tamir Rice’s Killing

The year is ending on a less than hopeful note in terms of justice for Black lives taken by police.

www.theroot.com

 

[Houseman]

The justice system works when we like the outcome, and is considered to be broken when we don't.

If you have religion, maybe you can feel content that everyone gets what they deserve in the end, or that justice will eventually be served.

 

[tippy2k2]

Just like Politicians gonna Politician, Cops and The Justice Department are gonna Cop and Justice Department. If cops aren't allowed to execute minorities on the street, how do you expect them to do their job?

 

[Revnak]

The cops

 

[Dreiko]

It's kinda surprising it took this long to decide whether to charge em or not. Also yeah as someone who was playing with toy guns that actually produced gunshot-like bangs when you shoot em as a kid (you would buy those little red ammo-like gunpowder bits that would get legit detonated by the guns, it would put out smoke and everything too, great for playing army and what have you), that story hits close to home. The real issue here is not the cops but whoever actually called the cops on the kid. Just let kids play ffs. I remember distinctly playing with a neighbor and this old crone up the fourth floor balcony would yell at us that we'd poke our eyes out with these guns, despite them only producing sound and smoke and not actually firing anything. Such idiocy lmao.

 

[Gordon_4]

It's kinda surprising it took this long to decide whether to charge em or not. Also yeah as someone who was playing with toy guns that actually produced gunshot-like bangs when you shoot em as a kid (you would buy those little red ammo-like gunpowder bits that would get legit detonated by the guns, it would put out smoke and everything too, great for playing army and what have you), that story hits close to home. The real issue here is not the cops but whoever actually called the cops on the kid. Just let kids play ffs. I remember distinctly playing with a neighbor and this old crone up the fourth floor balcony would yell at us that we'd poke our eyes out with these guns, despite them only producing sound and smoke and not actually firing anything. Such idiocy lmao.

So the (allegedly) trained experts who opened fire on an otherwise innocent child playing with a toy are not the issue but the untrained civilian who saw something odd and decided “I’ll get professionals to look at this because I am unqualified to take action” is the issue?

That’s absurd. Mind bogglingly so. Especially in a country where being shot by kids as young as 12 is a thing that can happen.

 

[Dreiko]

So the (allegedly) trained experts who opened fire on an otherwise innocent child playing with a toy are not the issue but the untrained civilian who saw something odd and decided “I’ll get professionals to look at this because I am unqualified to take action” is the issue?

That’s absurd. Mind bogglingly so. Especially in a country where being shot by kids as young as 12 is a thing that can happen.

When you are a cop and hear on the call that "some guy" (literal phrasing of the caller) is menacing people in a park with a gun and you just drive in and see someone with a realistic gun it's hard to know what it is. Some of my toys growing up looked super realistic too. Thing is, the person making the call should be more mindful of what they're seeing, and not assume it's a real gun when a legit 12 year old is holding it. The issue is that you'd assume it's real and not a toy despite it being in the hands of a kid. Now I dunno if that place had prior issues with child gangs or what, but that's just insane to assume to me.

I don't know if cops are even trained to detect toys from real guns or how to differentiate realistic model guns and pellet guns from real ones, or whether it's even possible to do that without risking your life in the case of it being a real gun in the hands of a bad guy.

The issue is that you shouldn't put the cops in such an untenable situation in the first place, you should make sure you're making an accurate report. Also your first go-to action shouldn't be to call the cops whenever you see something weird. This tattletale attitude some people have is what brings problems in the fore because their misguided opinion becomes the reality the cops have to work under the assumption of.

 

[Seanchaidh]

I don't know if cops are even trained to detect toys from real guns or how to differentiate realistic model guns and pellet guns from real ones, or whether it's even possible to do that without risking your life in the case of it being a real gun in the hands of a bad guy.

Oh no, a cop might have to risk their own life instead of murdering a child.

 

[Houseman]

Oh no, a cop might have to risk their own life instead of murdering a child.

Yep, changing that mentality, that a cop's life is not expendable, would probably be the key to solving a lot of "police brutality/killing" problems
I've heard it said that the military has a Rule of Engagement where they do not fire unless fired upon. This does not mean "aimed at". This does not mean "someone else is holding a weapon". You can imagine how important this could be for them, for if they fire first, they can start an international incident, so it behooves them to keep a cool head when it is required.

This seems to be ad odds with the police's belief of being able to "go home and see your wife and kids" and place the life of the officer above all else.

 

[Dreiko]

Oh no, a cop might have to risk their own life instead of murdering a child.

The caller described him as a "guy" not "a 12 year old child" so I don't think it makes sense to assume the cop was aware that it was a kid with a toy in that situation. Again, that's my original point, people should just drop that tattletale mentality and they shouldn't get treated like their word is law by the cops just because they were able to make a phonecall. There should be an in-between step of confirming the call is accurate first and then sending out the cops to deal with it. Maybe using a drone or something over the area first.

 

[Seanchaidh]

The caller described him as a "guy" not "a 12 year old child" so I don't think it makes sense to assume the cop was aware that it was a kid with a toy in that situation. Again, that's my original point, people should just drop that tattletale mentality and they shouldn't get treated like their word is law by the cops just because they were able to make a phonecall. There should be an in-between step of confirming the call is accurate first and then sending out the cops to deal with it. Maybe using a drone or something over the area first.

Oh no, a cop might have to risk their own life instead of murdering anyone.

 

[Elijin]

I'm unsure why an attempt is being made to shift blame to the caller, when the original call stated it was probably a toy. Information that dispatch did not pass on.

Also, maybe the cop should risk their life instead of jumping straight to murder. It's the job description, though the US has seem to have forgotten that.

 

[Cicada 5]

The justice system works when we like the outcome, and is considered to be broken when we don't.

If you have religion, maybe you can feel content that everyone gets what they deserve in the end, or that justice will eventually be served.

I don't know what universe you're living in where a 12-year-old gets killed by cops who blatantly lie about the situation to justify it.

 

[Houseman]

I don't know what universe you're living in where a 12-year-old gets killed by cops who blatantly lie about the situation to justify it.

I'm sorry, I don't understand what you're trying to say.
You started off with "I don't know what universe you're living in..." and then you described the situation that took place in our universe.
So... this one. I'm living in this universe. The same universe that the events you just described took place in.

Were you missing some words there?

 

[Cicada 5]

I'm sorry, I don't understand what you're trying to say.
You started off with "I don't know what universe you're living in..." and then you described the situation that took place in our universe.
So... this one. I'm living in this universe. The same universe that the events you just described took place in.

Were you missing some words there?

This is the comment you posted:

" The justice system works when we like the outcome, and is considered to be broken when we don't."

Care to point out what you meant by that? Or do you really think that people who are upset about these cops getting away with this have no reason to think it's a problem and this was you being typically contrarian every time an issue with race comes up?

 

[Houseman]

This is the comment you posted:

" The justice system works when we like the outcome, and is considered to be broken when we don't."

Care to point out what you meant by that? Or do you really think that people who are upset about these cops getting away with this have no reason to think it's a problem and this was you being typically contrarian every time an issue with race comes up?

I'm alluding to all the people who think that there are no problems in the justice system when they get an outcome they're happy with (election fraud, for example), but think that the justice system is broken when they get an outcome they aren't happy with (this example of Tamir Rice)

It's like Gell-Mann Amnesia, but for courts. "Oh the system is broken, judges are corrupt, etc. Hey look, a ruling I agree with! Yay the system works!"

 

[Cicada 5]

I'm alluding to all the people who think that there are no problems in the justice system when they get an outcome they're happy with (election fraud, for example), but think that the justice system is broken when they get an outcome they aren't happy with (this example of Tamir Rice)

It's like Gell-Mann Amnesia, but for courts. "Oh the system is broken, judges are corrupt, etc. Hey look, a ruling I agree with! Yay the system works!"

My mistake then. I apologize.

 

[Trunkage]

This is the comment you posted:

" The justice system works when we like the outcome, and is considered to be broken when we don't."

Care to point out what you meant by that? Or do you really think that people who are upset about these cops getting away with this have no reason to think it's a problem and this was you being typically contrarian every time an issue with race comes up?

He thinks that this case has the same validity as Trump's claims of fraud from the elections

 

[Cicada 5]

He thinks that this case has the same validity as Trump's claims of fraud from the elections

Eh, no I don't think he does given his response.

 

[Thaluikhain]

I'm unsure why an attempt is being made to shift blame to the caller, when the original call stated it was probably a toy. Information that dispatch did not pass on.

Also, maybe the cop should risk their life instead of jumping straight to murder. It's the job description, though the US has seem to have forgotten that.

Eh, I think it's fair to blame to caller to some extent, the dispatcher to some extent and the police who did the actual murdering to some much greater extent.