Grand Jury: Cleveland Officer in Tamir Rice Case Will Not Face Criminal Charges

Posted by Tina

It seems we are in a fight for the rule of law. There are those who think indictments should be based emotionally on the color of one’s skin or the unfair conditions in one’s life. So far the rule of law has prevailed. The findings of a lengthy grand jury investigation has found that the officer in the Tamir Rice case did not meet the standard for criminal intent:

Timothy J. McGinty, the county prosecutor, who made the announcement at a news conference, said that while “this was a perfect storm of human error,” the evidence considered by a grand jury over two months “did not constitute criminal action by police.” He noted that the law gives the benefit of the doubt to a police officer “who must make a split second decision.”

Mr. McGinty said it was “indisputable” that Tamir was drawing the weapon from his waistband when he was shot — either to hand it over to the officers or to show them that it was not a real firearm. But Mr. McGinty said there was no way for the officers to know that as they pulled up.

It’s unfortunate that the officers were not informed of information relayed to the 911 operator who was told Tamir was “probably a juvenile’ and that the weapon was “probably fake.” I don’t know that the information would have changed the outcome, the perceived threat would still have been immediate.

This determination is bound to add fuel to the fire of those who are determined to use incidents like this to make threats and incite violence and mayhem.

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5 Responses to Grand Jury: Cleveland Officer in Tamir Rice Case Will Not Face Criminal Charges

  1. Pie Guevara says:

    This is a truly tragic event, blame cannot be placed on the officers involved or the department, but it has been by the farcical political movement “Black Lives Matter.”

    In high school two of my best friends (P & J) did a very stupid thing. They were in a play that used a starting pistol to enact a shooting. They took that starting pistol and, as a bonehead prank, staged a shooting of P in downtown *******. The responding officers, who happened to be nearby, said they almost shot J.

    P and J went to jail together. Once locked up J, ever the comedian, cried out loud “Please Mr. Rogers, I don’t want to be a criminal!”

    (Yes, meant that Mr. Rogers. Mr. Rogers of Mister Roger’s Neighborhood.)

  2. Tina says:

    We new this was coming. Only Christmas could prevent it from being a more immediate response.

    A coalition of groups have joined together in protest to make demands:

    the NAACP’s Cleveland Branch joined a coalition of groups — which includes the Cleveland Renaissance Movement, Black People in Progress and Nation of Islam — to outline their demands for the City of Cleveland:

    • The release of transcripts from the grand jury.
    • The removal of Timothy McGinty as prosecutor for Cuyahoga County; and in the event that is not forthcoming, we will work for the defeat of Timothy McGinty at the polls and bring to an end his reign of bias and failure to protect the rights of victims.
    • We demand a re-negotiation of the CPAA contract with special focus on the Arbitration to reinstate murderers to active duty.
    • We demand that the City of Cleveland identify the areas of the CPPA contract that are in conflict with the Consent Decree and that have contributed to the Police Department’s Pattern and Practice of Excessive Use of Force.

    Basheer Jones, the founder of the Cleveland Renaissance Movement, said he thinks that eyes across the globe will focus on Cleveland as protesters from all ethnic, political and religious groups come together to demand justice.

    “Not only is this a black thing or a Democratic thing, but you have conservatives and independents who are involved. You have blacks, whites, Muslims, Christians, Jews. You have so many people involved saying, ‘Hey, this is a problem,’” Jones said in an interview with Yahoo News.

    You cannot fix “the problem” if you do not know what it is. This group has targeted police officers and turned a blind eye to the cultural and attitudinal problems that underlie most of these shootings. It’s very sad. I’m not a fan of the Jew hating Farrakhan (Nation of Islam) but one thing he has called for is responsible conduct and parenting.

  3. Dewster says:

    So let me get this right ….In an open carry State a person carrying a gun is scary? What was different here? Hum…… his height? his build? Maybe his color?

    What was so threatening? It is an OPEN CARRY STATE

    The car had to pull right up to the kid cause someone was in immediate danger? No.

    They pulled up and shot within 2 seconds……. Shoddy Police work at best.

    Tamir is sitting at a picnic table in a gazebo. He stands, and a police car zooms into the frame from the right and stops on the grass, just a few feet from him. The passenger door opens and Loehmann shoots Tamir before Garmback can get out the driver’s side door.

    It’s unclear how far Tamir was from Loehmann when the officer shot him, but Deputy Chief Ed Tomba said it was less than 10 feet.

    The low-resolution video shows Tamir reaching to his waistband and then bending over AFTER being shot. His body is mostly obscured by the patrol car when he falls to the ground. Garmback can be seen walking around the car and kicking what is said to be the airsoft gun away from Tamir.

    Do the officers apply any medical attention? NO..

    A FBI Agent in the area who was working a bank robbery detail nearby arrived within a few minutes and administered first aid to Tamir.

    http://www.wkyc.com/story/news/local/cleveland/2014/11/26/tamir-rice-shooting-video-released/19530745/

    Also a grand jury is not justice. It is a secret court. Grand Jury’s indict? not often all a scam.

    A child is dead. A Child playing with an airsoft gun in a park, not wise for a black kid to do but not illegal. If he was white? Would he be dead? ……………. better chance he would still be alive.

    So which is it ok to flash guns for everybody? Or just some people?

    • Dewster says:

      BTW facts are facts. Opinion and all these excuses is just that political excuses.

      Police need to be vetted and retrained. This is abominable. Tamir’s death could have been avoided…. isn’t that a pro life stance?

      People are dying without committing threatening crimes.

      You want guns to be available and allowed to be carried around freely, then Police have to learn how to deal with it.

  4. Tina says:

    Dewey as long as you write the story what you claim will make sense to you. In order to evaluate what actually happened you have to get the story as it occurred.

    Open carry doesn’t determine what is “scary”.

    Someone acting in a menacing manner can be scary and can incite a response from police officers. If he refuses to follow an officers instruction it can be deadly. How we act as citizens matters. This poor kid was not taught to respect police officers or guns. He was apparently taught to act like a criminal, menacing strangers in a park.

    Cars don’t “pull up” to a kid. The officer parked quickly where it would offer the fastest response time. He was informed that a person with a weapon was in the park and was pointing it at people and scaring them. He was not informed that the gun might be a toy.

    The officer shot “within seconds” because the kid did not follow instructions and reached for his waistband. The officer had no way of knowing the gun was a toy. The close proximity meant he had little time to defend his own life and so he fired “within seconds.”

    The officer did not author this scenario; the kid, sadly did. Consider the 911 call, “”The guy keeps pulling it (the gun) out. It’s probably fake, but you know what, he’s scaring the (expletive) out of (inaudible). … He’s sitting on the swing right now, but he keeps pulling it in and out of his pants and pointing it at people. Probably a juvenile, you know? … I don’t know if it’s real or not, you know?”

    Your excuses for the behavior of this kid is troubling. Your stinkin’ attitude is shared by a lot of people. It’s one of the things that gets kids like this killed. Young boys (and girls) who are taught to respect weapons, their elders, don’t menace people in a park and do know how to behave when an office commands him to do something.

    Grow up…and learn what it means to be responsible!

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