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U.S. NEWS A5
Family:
Charges unlikely in killing of Tamir Rice by police
Demonstrators block Public Square in Cleveland, during a pro-
test over the police shooting of 12-year-old Tamir Rice. Nearly
400 days after a police officer fatally shot Rice in an encounter
captured on surveillance video, the boy’s disillusioned family
believes it’s unlikely anyone will be indicted.
MARK GILLISPIE
Associated Press
CLEVELAND (AP) — Nearly
400 days after a white po-
lice officer fatally shot a
black 12-year-old carry-
ing a pellet gun in an en-
counter captured on sur-
veillance video, the boy’s
disillusioned family believes
it’s unlikely anyone will be
indicted.
A decision on whether to
charge the officer or his
partner in the death of
Tamir Rice — one of the
higher-profile cases of
black deaths at the hands
of police that have roiled
cities across the U.S. —
could come any day. The
grand jury making the de-
cision has been meeting
since mid-October.
The video shows patrol-
man Timothy Loehmann,
a rookie at the time, shoot-
ing the boy in an instant as
the cruiser driven by patrol-
man Frank Garmback skids
to a stop on Nov. 22, 2014.
Rice died the next day dur-
ing surgery, and his family
has repeatedly questioned
why the case has dragged
on.
Subodh Chandra, a Cleve-
land attorney who repre-
sents the Rice family in a
federal civil rights lawsuit
over the shooting, said he
has resigned himself to the
belief that the officers, both chael Brown was fatally
white, won’t be indicted.
“This is apparently how
long it takes to engineer
Monday 28 December 2015

for a grand jury to decide the emergency dispatcher
against charges. A grand to report that a man was
jury indicted six police of- waving a gun and point-
ficers in Baltimore three ing it at people. Tamir lived
weeks after the death of across the street from the
Freddie Gray while in po- recreation center and
(AP Photo/Tony Dejak) lice custody. went there to play nearly
McGinty spokesman Joe every day.
Frolik attributed the lengthy The man told the emergen-
investigation in Tamir’s case cy call taker that the holder
to the office being “careful of the gun was likely a juve-
and thorough.” nile and that the gun prob-
Grand jury proceedings ably wasn’t real. The call
are supposed to be secret, taker never passed that in-
but McGinty has released formation to the dispatcher
expert reports and investi- who gave Loehmann and
gative documents to the Garmback the high-priority
media and public while cit- call.
ing his desire for transpar- When the cruiser arrived,
ency in how the case is be- the vehicle skidded on wet
ing handled. grass and stopped within
On the day Rice was shot, feet of the boy. Authorities
a man drinking a beer and say Loehmann shot Rice
waiting for a bus outside a less than two seconds after
recreation center called opening the cruiser door.q
denying justice to a family
when the video of the inci-
dent clearly illustrates prob-
able cause to charge the
officer,” Chandra said.
Unlike criminal trials, in
which prosecutors must
prove guilt beyond a rea-
sonable doubt for a con-
viction, the burden of proof
for an indictment is much
lower. The grand jury would
have to decide only that
a crime might have been
committed to indict the of-
ficers.
Activists used an obscure
state law in June to peti-
tion a Cleveland judge
to charge the officers.
The judge ruled there was
probable cause to charge
Loehmann with murder
and Garmback with reck-
less homicide based on the
video, but he said the de-
cision on criminal charges
should be left to prosecu-
tors.
The lead agency investi-
gation the shooting, the
Cuyahoga County Sheriff’s
Office, turned over its find-
ings in June to county pros-
ecutor Tim McGinty.
Investigations and grand
jury decisions in other high-
profile deaths of blacks
in encounters with po-
lice have come much
faster. It took about three
months from the time Mi-
shot in Ferguson, Missouri,