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U.S. NEWSMonday 12 October 2015

Reports: Officer’s shooting of boy with pellet gun justified 

MITCH STACY                    Timothy Loehmann will be      Cuyahoga County Prosecutor Timothy McGinty speaks during a news conference at police head-
Associated Press               charged in the November       quarters, in Cleveland. A white Cleveland police officer was justified in fatally shooting a black
COLUMBUS, Ohio (AP) —          death of Tamir Rice, who      12-year-old boy holding a pellet gun, according to two outside reviews conducted at the request
Prosecutors investigating      was holding a pellet gun.     of the prosecutor investigating the death.
the death of a 12-year-old     The killing of Tamir has be-
black boy who was fatally      come part of a national                                                                                             (Lisa DeJong/The Plain Dealer via AP)
shot by a white Cleveland      outcry about minorities,
police officer say they are    especially black boys and
just trying to be transparent  men, dying during encoun-
in seeking and sharing out-    ters with police, including
side reviews by experts on     incidents in Ferguson, Mis-
the  use  of force. A lawyer   souri, New York, and Balti-
for the boy’s family, how-     more.
ever, says the outside re-     A retired FBI agent and a
ports finding that the shoot-  Denver prosecutor both
ing was justified show that    found that the rookie pa-
prosecutors are avoiding       trolman who shot Tamir
accountability.                moments after pulling up
The reports were released      beside him exercised a
Saturday night by the          reasonable  use  of force
Cuyahoga County Prose-         because he had reason
cutor’s Office, which asked    to perceive the boy —
for the outside reviews as     described in a call to the
it presents evidence to        emergency dispatcher as
a grand jury that will ulti-   a man waving and point-
mately determine whether       ing a gun — as a serious

                                                             threat.                        to avoid providing that ac-
                                                             “We are not reaching any       countability,” he said. He
                                                             conclusions from these re-     added that the prosecu-
                                                             ports,” Prosecutor Timothy     tor’s office didn’t provide
                                                             J. McGinty said in a state-    his office or the Rice fam-
                                                             ment. He said the reports,     ily with the details from the
                                                             which included a techni-       reports. He also questioned
                                                             cal reconstruction by the      the timing of the release,
                                                             Ohio State Highway Patrol,     at 8 p.m. Saturday on the
                                                             were released in the inter-    Columbus Day holiday
                                                             est of being “as public and    weekend.
                                                             transparent as possible.”      “To get so-called experts
                                                             Subodh Chandra, a lawyer       to assist in the whitewash
                                                             for the Rice family, said the  — when the world has the
                                                             release of the reports shows   video of what happened
                                                             the prosecutor is avoiding     — is all the more alarming,”
                                                             accountability, which is       Chandra said. “Who will
                                                             what the family seeks.         speak for Tamir before the
                                                             “It is now obvious that the    grand jury? Not the pros-
                                                             prosecutor’s office has        ecutor, apparently.”
                                                             been on a 12-month quest       Both experts were provided
                                                                                            with surveillance video of
                                                                                            the shooting that showed
                                                                                            Loehmann firing at Tamir
                                                                                            within two seconds after
                                                                                            the police cruiser driven by
                                                                                            his partner pulled up next
                                                                                            to the boy. Police say the
                                                                                            officers were responding to
                                                                                            a call about a man with a
                                                                                            gun, but were not told the
                                                                                            caller said the gun could
                                                                                            be a fake and the man an
                                                                                            adolescent.
                                                                                            The report prepared by re-
                                                                                            tired FBI agent Kimberly A.
                                                                                            Crawford concluded that
                                                                                            Loehmann’s  use  of force
                                                                                            did not violate Tamir’s con-
                                                                                            stitutional rights, saying the
                                                                                            only facts relevant to such
                                                                                            a determination are those
                                                                                            the patrolman had at the
                                                                                            time he fired his weapon.q
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