Tamir Rice Case: Judge Finds Probable Cause of Murder & Homicide for 2 Police Officers

Officer Timothy Loehmann charged with murder Officer Frank Garnback, negligent homicide. There is PROBABLE CAUSE.

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Here is the Judge’s ruling.

CLEVELAND, Ohio — A Cleveland Municipal Court judge has found probable cause that police officer Timothy Loehmann should face murder and other charges in the slaying of 12-year-old Tamir Rice.

Judge Ronald B. Adrine released the opinion Thursday afternoon, days after a group of local clergy and activists filed affidavits asking the court to find probable cause to arrest Loehmann and Frank Garmback on aggravated murder, murder, involuntary manslaughter, reckless homicide, negligent homicide and dereliction of duty charges.

The judge did not find probable cause that either officer should be charged with aggravated murder. Adrine also determined that there was not probable cause to charge Garmback with murder.

But the judge found probable cause for charges of murder, involuntary manslaughter, reckless homicide, negligent homicide and dereliction of duty against Loehmann.

He also found probable cause for charges of negligent homicide and dereliction of duty against Garmback.

Adrine forwarded his opinion to city prosecutors and Cuyahoga County Prosecutor Timothy J. McGinty.

Activist Rachelle Smith, a member of the group that filed the affidavits, said Thursday that she was pleased with the judge’s recommendation.

Activist Rachelle Smith, a member of the group that filed the affidavits, said Thursday that she was pleased with the judge’s recommendation.

“This isn’t the end of the road, but it’s a step and it’s encouraging,” she said.

The Rice family also welcomed the opinion.

“We are grateful that the wheels of justice are starting to turn,” they said in a statement.

Edward Little, a criminal and juvenile justice consultant and a member of the group that filed the affidavits, said Adrine’s opinion has made him “hopeful justice will take its course.”

The affidavits were filed using an obscure Ohio law that allows any citizen with knowledge of the facts of a case to formally ask a judge to issue an arrest warrant.

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17 Responses to Tamir Rice Case: Judge Finds Probable Cause of Murder & Homicide for 2 Police Officers

  1. Ametia says:

    Those SOB cops said they had no choice but to GUN DOWN, Tamir. They let him bleed out, without getting immediate emergency care after they shot him. Cowards & murderers!

  2. Ametia says:

    AND WE’RE BACK!

    Cleveland police officer who shot 12-year-old Tamir Rice: ‘He gave me no choice’

    A Cleveland police officer who last year fatally shot a 12-year-old boy who was holding a toy replica gun told investigators he had no choice but to open fire, according to a report released on Saturday.

    Timothy Loehmann, a rookie officer who shot Tamir Rice in November, said he was “very distraught” after realizing how young the boy was and that he was clutching a replica firearm that fires plastic pellets, an officer who responded to the shooting told investigators.

    http://www.rawstory.com/2015/06/cleveland-police-officer-who-shot-12-year-old-tamir-rice-he-gave-me-no-choice/

  3. Liza says:

    Remember this…

    Cleveland officer who killed Tamir Rice had been deemed unfit for duty
    By Christine Mai-Duc
    December 3, 2014

    The rookie Cleveland police officer who fatally shot 12-year-old Tamir Rice last month had been deemed unfit for duty at a previous police department and was in the process of being fired when he resigned from his post, according to records released Wednesday.

    Cleveland police have said Officer Timothy Loehmann, 26, shot Tamir as the boy held a toy gun at a recreation center on Nov. 22. Video released last week of the incident shows Loehmann and his partner, Frank Garmback, driving up within feet of Rice, then Loehmann shooting him at close-range seconds later.

    Both officers were placed on paid administrative leave, and an investigation into the shooting is ongoing.

    Last week, police identified Loehmann as having fired the fatal shot. According to the Associated Press, Loehmann has been a Cleveland police officer since March. Before that, he spent five months in 2012 with the police department in the Ohio suburb of Independence, about 13 miles south of Cleveland. Four of those five months were spent in the police academy, the AP reports.

    According to Loehmann’s personnel records, released by the city of Independence, police officials were in the process of firing him when he resigned in December 2012. Supervisors described an emotionally unstable recruit with a “lack of maturity” and “inability to perform basic functions as instructed” during a weapons training exercise.

    In a statement issued Wednesday evening, the Cleveland Police Department said that it had not reviewed Loehmann’s Independence personnel file during his background check. According to Cleveland police spokesman Ali Pillow, detectives interviewed the human resources director for the city of Independence, who told them there were no disciplinary actions or incidents in Loehmann’s file. The manager told detectives Loehmann left because he resigned for personal reasons, Pillow said.

    Current policy does not require the department to review previous employers’ personnel files, the department said, but police officials say they are now amending those policies to request such files.

    In a statement issued Wednesday evening, the Cleveland Police Department said that it had not reviewed Loehmann’s Independence personnel file during his background check. According to Cleveland police spokesman Ali Pillow, detectives interviewed the human resources director for the city of Independence, who told them there were no disciplinary actions or incidents in Loehmann’s file. The manager told detectives Loehmann left because he resigned for personal reasons, Pillow said.

    Current policy does not require the department to review previous employers’ personnel files, the department said, but police officials say they are now amending those policies to request such files.

    According to a memo sent by Deputy Chief Jim Polak of the Independence Police Department to the city’s human resources manager, Loehmann was visibly “distracted and weepy” during a gun range training course, and could not follow simple directions or communicate clearly.

    “His handgun performance was dismal,” read the memo, which called the incident a “dangerous loss of composure.” The training officer took Loehmann’s weapons away and drove with him to pick up some of his other gear, but the officer continued to have an “emotional meltdown,” crying at times as he described relationship problems with his girlfriend to his training sergeant.

    In two other incidents, the documents say, Loehmann failed to follow instructions, at one point leaving his gun in an unlocked locker overnight.

    “Individually, these events would not be considered major situations, but when taken together they show a pattern of a lack of maturity, indiscretion and not following instructions,” the memo reads. “I do not believe time, nor training, will be able to change or correct these deficiencies.”

    The department recommended that Loehmann be fired. He decided to resign instead, the memo says.

    http://www.latimes.com/nation/nationnow/la-na-nn-cleveland-tamir-rice-timothy-loehmann-20141203-story.html

    • Liza says:

      Loehmann should have been fired, not allowed to resign. Then perhaps his file would have been reviewed and he would never have been hired. This guy has no business being a cop.

      • Ametia says:

        Look at all that LIGHT in Tamir, just emanates around & through him. SNUFFED OUT… So heartbreakingly sad.

      • Liza says:

        He was still just a little kid. He probably thought the world was a pretty good place, he was probably having a good time in his 12 short years until his paths crossed with Tim Loehmann. It is unbearable, these murders of children.

    • Ametia says:

      “Unfit for duty” says it all, doesn’t it?

  4. racerrodig says:

    It’s a start…………………Way to go !!!!

  5. 2dogsonly says:

    Sweet Jesus!!! I am so thrilled. Again I give credit to the Ferguson protestors who kept at it thru the long hot terrifying summer. Without their dedication, this may not have happened.
    Of course his life will never be the same but I think it’s more to do with being charged with murdering a 12 yr. than any guilt.
    I saw on another blog, that is normally one figjting for justice, a blogger I had deep respect for blame the parents for allowing their son to play with a air toy gun. Both blog owner and poster blocked me and I will not name poster.
    But I am thrilled. Believe me, Cleveland would have loved to sweep this horrific murder under the rug. And I never saw the media attention for this murder until recently. Finally 60 min. did a story on it and mainstream picked it up.
    I am so thrilled for his family!!
    You’ll know first site owner took most of the contributions meant for Tamir’s funeral so he may not be buried yet. She had to move into a homeless shelter. A new “go find me” was established and is being overseen by an honest lawyer. I was off Twitter during the theft of her first go find me site but contributed to the new one. A Twitter friend explained what had happened to her first one.

  6. The defense attorney for the officer who killed #TamirRice says the officer’s life will never be the same. WHAT GALL! WTFF? A 12yr old is DEAD!

    • Liza says:

      His murder really haunts me, he was such a gorgeous child. He looks happy in all of his pictures, totally unaware of what life has in store for him.

    • Ametia says:

      It’s what they do, these murdering POS, they suddenly become the victim. Heartless POS!

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