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Death of 12-year-old Cleveland boy shot by police ruled a homicide

[...]
boy carrying a pellet gun died from a single shot fired by a rookie police officer, according to an autopsy released Friday.
[....]
was shot in the abdomen and the bullet damaged a major vein and his intestines, the Cuyahoga County Medical Examiner concluded in labeling the death a homicide.
[....]
[...]
lawsuit also said the two officers acted recklessly when they confronted Tamir in a terrifying manner, driving within feet of him and firing within seconds. Samaria Rice said the officer who fired the fatal shot should be convicted of a crime.

Surveillance video released by police shows the boy being shot within 2 seconds of a patrol car stopping near him.
[...]


said rookie officer Tim Loehmann believed the boy had a real firearm.
[...]
later discovered it was an airsoft gun, which shoots nonlethal plastic projectiles.
[...]


mother, Samaria Rice, said at a news conference earlier this week her son's friend gave him the pellet gun.



A grand jury will consider whether charges are merited.
[...]


autopsy said Tamir was 5-foot-7 and weighed 195 pounds. The report did not say how long it took officers to provide medical help.
[...]


federal lawsuit filed by the boy's family against the city and police said two officers waited four minutes before anyone provided medical help
[...]


The officer's father has said his son had no other choice because he thought the weapon was real.
[..]


peaceful protests have taken place since the shooting, which has come at a time when police-involved deaths around the nation have drawn on spotlight on departments and their use of force.
[...]


the U.S. Justice Department released the results of a nearly two-year investigation of Cleveland police that found its officers use excessive and unnecessary force far too often. The report was completed before Tamir's death
http://www.foxnews.com/us/2014/12/1...t-by-police-ruled-homicide/?intcmp=latestnews
 
For people to really sit on here and blame a 12 year old kid for getting shot and killed by an officer is insane and unreaistic. First off, ever since I could remember, kids have always had and played with toy guns. They are sold everywhere! So if you want to blame someone, you can blame the makers of these toy replicas. Secondly, HE IS 12! People are on here calling him stupid, an idiot, all sorts of things. People feel that way until it is YOUR son, or family member who is killed. How can you all agree that he was wrong for neglecting to raise his hands. There is no audio in the surveillance video! None of you all were there, and none of you all even know if he was asked to raise his hands in the first place. Just because the officer stated that he asked him doesn't make it true. I also read the officer stated he was there with a small group of guys, which was untrue along with other details that seemed to be untrue about the scene according to the video. People are also saying rhe police did not see the orange clip to indicate it was a fake. Well that may be true, however they were not on the scene long enough to predict anything. Ask yourself, if you were that 12 year old kid and the police pulled up so fast like that, even if he had yelled from the window to put your hands up, would you truely comprehend what was going on? Would you think they were even coming after you? After all, your just a kid outside playing around. To me, it seems that he was not even paying immediate attention to the cruiser pulling up because he was in his own world, doing his own thing. By the time he even really looked up, he still had not realized what was going on and he was shot within seconds. I'm not saying the officers prospectives means nothing, nor and I siding with them. But I am also not disregarding the facts. There were small keys pieces that played into it in my opinion. However, an officer of the law, trained and dedicated to protect the people, killed a child. This is not the first. This is not the last. How many times can officers kill and get away. How many times can it be argued that they were defending against nothing. I pray for the state of the world. I pray for the Lord's mercy for the people of the world.
 
@Keepalowprofile It is a shame that police shoot first instead of first ask.
Yes, but if he had been taught the dangers of running around with toys that look like real guns he would still be alive. No doubt the cop is in the wrong. No matter me putting it in writing, a grand jury, a judge, a jury of his peers etc. The boy is still dead.
 
autopsy said Tamir was 5-foot-7 and weighed 195 pounds

Holy shit this kid was fat.

For people to really sit on here and blame a 12 year old kid for getting shot and killed by an officer is insane and unreaistic. First off, ever since I could remember, kids have always had and played with toy guns.

I don't get it. The kid can be seen clearly making a move for what police had every reason to believe was an actual weapon. How is it not his fault that he got killed? Merely being a kid doesn't remove any and all personal responsibility. It's tragic, no one is denying that, but the kids own actions are what led to his death.

They are sold everywhere! So if you want to blame someone, you can blame the makers of these toy replica

Yawn. I almost threw up after reading this.

Secondly, HE IS 12! People are on here calling him stupid, an idiot, all sorts of things. People feel that way until it is YOUR son

If my son was waving/pointing a gun, whether it looked real or not even, at random people on the street in a threatening manner i would most def think he was a stupid idiot. Doing so with cops is even worse.

How can you all agree that he was wrong for neglecting to raise his hands.

It's not that he merely doesn't raise his hands, he appears to be going for the object right in front of the cops.

However, an officer of the law, trained and dedicated to protect the people, killed a child.

And if an investigation determines he broke protocol, he most certainly deserves to be punished. Watching that vid though, i can't fault a cop for taking measures to prevent his own demise, given the difficult situation and information available to him at the time.

I pray for the Lord's mercy for the people of the world.

If there is a God, it's clear he either flat out doesn't give a shit, or he's got one twisted sense of humor. Save your time and trouble on that prayer.
 
not blaming the kid or the cop
Tamir wasnt taught that you don't act a thug and purposely scare people and not expect something bad can come from that
as far as I'm concerned the cop now that I have read how shitty a cop he was
was basically moved from place to place and redid courses because he was a bad cop
he shouldnt have been there
let alone shoot 2 seconds after arriving
it was a bad combination of 2 people that met up in a situation where quick thinking was needed
and sadly the cops thinking went to shoot to kill before seeing what the situation was
and at 5/7 and 195 thats a huge kid that prob looked like a adult
but still cop shot to fast
2 seconds is uncalled for
so is that kid having a gun that looked real
 
said Tamir was 5-foot-7 and weighed 195 pounds.
Everyone is yelling about him being a kid, and I know that he was 12 but that size is not one that is immediately associated with a child.

My 14 year old is 5'3 1/2" and 104 pounds, my husband is 5'10" and about the same weight as Tamir.

I'm not getting into whether or not the cop was right because the investigation and grand jury will do that, I will say that as the mother of all boys I've taught them that they cannot ever wave guns around (real or fake) like little thugs and not expect consequences to their actions and maybe his parents should have taught their son the same lesson.
 
cleveland-police-shoot-boy.jpg


[QUOTE"The city of Cleveland’s response to a lawsuit filed by the family of Tamir Rice says the 12-year-old boy is to blame for his own death by police.

The young boy seen milling about his neighborhood park had less than two seconds to react to two Cleveland police officers who drove right up to the gazebo and shot Tamir, mistaking his pellet gun as a real and dangerous weapon.

Rookie police officer Timothy Loehmann shot Tamir dead just steps away from the park’s gazebo on Nov. 22, reportedly never knowing dispatchers had believed the firearm to be “probably fake.

Tamir’s parents and sister are also plaintiffs in the complaint that Akron attorney Walter Madison said still has “merit” against Loehmann, the city and dozens of 911 dispatchers.

“I do believe that a 12-year-old child died unnecessarily at the hands of Cleveland police officers and I do believe that certain officers shouldn’t have been entitled to wear the uniform,” Madison told Cleveland.com.

The family’s suit filed in December said Tamir “suffered terror and fear” at the hands of Loehmann before his shooting death — claims the city says Tamir and his family are at fault for. It states Tamir’s death was “directly and proximately caused by their own acts.”

The majority of the city’s response lacked elaborate detail into their claims by leaning on Cuyahoga County Sheriff’s Office’s incomplete investigation for the inability to comment on Tamir’s death.

The case has not been completed by the Sheriff’s Office and no timeline exists for its hand off to prosecutors, Cleveland.com reported.

Despite the city’s recent hire of Loehmann, the city said it had no knowledge of the cop’s alleged applications to Akron, Euclid and Parma Heights Police and even failing the Cuyahoga County’s written examination.

The suit makes no mention of Loehmann’s brief ties to Independence Police where he was described as “distracted” and “weepy” during a firearms qualifications training before being fired in 2012.[/QUOTE]


http://www.nydailynews.com/news/national/city-cleveland-tamir-rice-death-fault-article-1.2132922
 
The family’s suit filed in December said Tamir “suffered terror and fear” at the hands of Loehmann before his shooting death

How can that be if it supposedly happened in a split second? They're contradicting themselves.

Although it sounds like the rookie had no business being in a uniform. A stupid situation all around.
 
I agree. This case was/is such a mess all the way around. If you didn't catch the actual event caught on a nearby vidcam on a building that shows the situation and the elapsed time, there's a copy of it one the first page of this thread and at the link in this update. It's very telling on both sides of the issue, IMO.
 
Someone needs to sue the parents too. I hate the fact that a child is dead but his parents should have been teaching him better. I have younger boys and they all know that you NEVER point any gun (real or fake) at anyone EVER and you don't run around a public area with a gun, again real or fake.

Police shooting are an extreme rarity where I am but we have many residents who are Conceal Carry and many more who spend most of the year with rifle sin their cars/trucks for hunting, running around where I ma with a gun (real or fake) can get your ass shot by a civilian and therefore I have drilled safety into my boys heads. I'm their parent it's my Goddamn job to!
 
I was so lucky playing with my friends and no cops around...
32131.jpg

"Children playing cowboys and indians" by Arthur Rothstein (1942), Library of Congress
 
Someone needs to sue the parents too. I hate the fact that a child is dead but his parents should have been teaching him better. I have younger boys and they all know that you NEVER point any gun (real or fake) at anyone EVER and you don't run around a public area with a gun, again real or fake.

Police shooting are an extreme rarity where I am but we have many residents who are Conceal Carry and many more who spend most of the year with rifle sin their cars/trucks for hunting, running around where I ma with a gun (real or fake) can get your ass shot by a civilian and therefore I have drilled safety into my boys heads. I'm their parent it's my Goddamn job to!

The parents lost their son. I think they've been punished enough.
And who says that they DIDN'T teach him? Kids don't always obey their parents. My parents taught me not to smoke or drink, and I still did both as a teen - rebel! I'm sure many of us did the exact things our parents told us not to.

Tamir could have had a cell phone or a water gun. This unstable cop would've likely gunned him down regardless.
 
How can that be if it supposedly happened in a split second? They're contradicting themselves.

Although it sounds like the rookie had no business being in a uniform. A stupid situation all around.

Being shot in the gut is enough to inspire terror and fear in most anyone.

Not to mention the fact that he lay there for four minutes before receiving first aid.

He was probably motioning to throw the gun on the ground. A tragedy all around. For the officer and the child, so much fail.
 
Tamir could have had a cell phone or a water gun. This unstable cop would've likely gunned him down regardless.

If he was using those items to convincingly scare others into believing he was pointing an actual firearm at them, then yes the incident likely would have went down the same way.

Not sure what the point of this post was. We know he didn't have a real gun, the problem is the cop didn't and despite the comments from some witnesses, they didn't know FOR SURE either.

And who says that they DIDN'T teach him? Kids don't always obey their parents. My parents taught me not to smoke or drink, and I still did both as a teen - rebel! I'm sure many of us did the exact things our parents told us not to.

I will agree with you there, kids are fucking idiots.
 
If he was using those items to convincingly scare others into believing he was pointing an actual firearm at them, then yes the incident likely would have went down the same way.

Not sure what the point of this post was. We know he didn't have a real gun, the problem is the cop didn't and despite the comments from some witnesses, they didn't know FOR SURE either.

Based on what the caller said, though, he wasn't very convincing. The caller told them the gun was probably fake. It didn't sound like he was directly menacing anyone. He wasn't using it to try to rob anyone, he was probably showing it to other kids and whatnot. I have a teenage son, 13 years old and 6'3", so this case really bothers me. I guess my point is- if he's ever in a public park acting the fool, and someone calls the police, I'd like them to verify that he actually has a real gun, and intends to use it, before killing him. What if the caller had been mistaken, and it was actually just a cellphone or a water pistol? Since they took no time to actually confirm what he was playing with, I suspect it wouldn't have mattered. I just wonder if the police would still blame the kid. I also wonder, if this was a small white kid- would they be so quick to kill him? I think not.
 
@Peace15 Its a shame no one taught this boy not to walk around in public with a gun replica.

Agreed 500 x, I sell decorative swords/daggers and what not at my store, I card- even though they are considered 'toys'.
Before they leave my store I wrap the living shit out of it and duct tape- for extra asshole reassurance. I had some kid (who's mother bought it for him) once that tried to leave swinging it around- eh...I told the mother she had to carry it home or I would alert the cops.
Regardless of it being a 'toy/replica/whatever' they can still cause bodily harm and death (if you're a complete moron).

I however, will not allow my daughter play with toy guns or other things- only exception is Halloween, and those things are plastic :p

I take that back, occasionally we will have nerf gun wars inside the house- I still find the foam bullets from years ago lmao :p
 
Based on what the caller said, though, he wasn't very convincing. The caller told them the gun was probably fake. It didn't sound like he was directly menacing anyone. He wasn't using it to try to rob anyone, he was probably showing it to other kids and whatnot. I have a teenage son, 13 years old and 6'3", so this case really bothers me. I guess my point is- if he's ever in a public park acting the fool, and someone calls the police, I'd like them to verify that he actually has a real gun, and intends to use it, before killing him. What if the caller had been mistaken, and it was actually just a cellphone or a water pistol? Since they took no time to actually confirm what he was playing with, I suspect it wouldn't have mattered. I just wonder if the police would still blame the kid. I also wonder, if this was a small white kid- would they be so quick to kill him? I think not.

I would like these over zealous observers to try a little harder to identify an actual threat before dialing 911. Cops probably pay little attention to what the caller says because they know the majority of people are poor witnesses. I wouldn't take some unknown person's word for it, but I wouldn't just show up and start shooting either. There were a lot of fails in this incident.
 
Cops also know their job can be dangerous, but it can't be a precedent for them to start shooting every time they feel uncomfortable or apprehensive.
 
Police Officers Involved in Tamir Rice's Shooting Wanted to Charge Him with "Inducing Panic" and "Aggravated Menacing per Police Report Finally Released (below at link)


B3KG3RmIAAABp6r.0.0.0.0.jpg

According to an incident report published this week, Cleveland police wanted to charge 12-year-old Tamir Rice, who was shot and killed by a police officer as he held a toy gun, with "aggravated menacing" and "inducing panic."

The report, which was published by
The Daily Kos's Shaun King, is dated November 29, 2014, a week after Officer Timothy Loehmann shot and killed Rice.

Rice's shooting death, which was ruled a homicide, was caught on video. The footage conflicts with the charges in the incident report: it shows him playing alone before Loehmann — responding to a call about a gun that is "probably fake" — approaches him and shoots him within two seconds.


The details

The report lists Rice's victims as: the state of Ohio, Officer Loehmann (who shot and killed him), and Frank Garmack, another officer who responded to the call. It says Loehmann suffered " minor injuries," although the video makes clear that he had no contact with Rice.

It notes that the complaint against Rice was "abated by death," but its contents suggest the charges police might have pushed for had Rice survived and had the incident not been captured on video.

It's already been established that the 12-year-old wasn't at fault
The charges against Rice listed in the report are all the more jarring because it's well-established that Rice didn't do anything wrong. The city has already retracted a statement that the 12-year-old's death was caused by a "lack of due care" on his part, and apologized to his family.

Vox's German Lopez reported in March:

The city of Cleveland argued in court that Tamir Rice, a 12-year-old black boy, caused his own death when a police officer shot and killed him after mistaking Rice's pellet gun for an actual firearm. But following criticisms over the accusation, city officials apologized and vowed to change the language in a future court document.

"This is not the character or personality of the city of Cleveland ... to be that insensitive to family or even to victims," Cleveland Mayor Frank Jackson said at a news conference on Monday, Cleveland.com reported.

The city originally presented the argument in a court document responding to a lawsuit from the Rice family. The response stated that Rice's death was caused "by the failure ... to exercise due care to avoid injury," according to Cleveland.com. It also said that all of the injuries claimed by his family "were directly and proximately caused by their own acts," not Timothy Loehmann, the officer who fatally shot Rice.

Meanwhile, the investigation into Rice's death is dragging on
Police have said they believed Rice's toy gun was a real firearm. Although a 911 caller told a dispatcher that a child was waving a gun around in the park but that it was "probably fake," the full information was, according to authorities, not relayed to the officers on the scene.

But court investigators still haven't questioned them, according to a report from Mother Jones's Jaeah Lee. As Lopez has reported, the Cuyahoga County Sheriff's Office took over the investigation into the shooting in January. But the investigation has dragged on, now taking longer than the queries into the police killings of Eric Garner, Michael Brown, Freddie Gray, and Walter Scott.



Read the full report
Police Charge Tamir Rice with Menacing and Inducing Panic

http://www.vox.com/2015/5/21/8637893/tamir-rice-charges
 
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It has been almost six months since Cleveland police shot and killed 12-year-old Tamir Rice within two seconds of pulling up on him at a local park where he was playing with a toy gun. Both officers involved neglected to give Rice medical treatment as he bled from a gunshot wound to the abdomen.


Instead, they placed his sister in handcuffs, not allowing her to comfort her dying brother. Rice died the next day. A police offense/incident report dated for a week after Rice was shot was published earlier this week showing that officers may have been attempting to cover up their crime, unaware that they were caught on surveillance video. In the documents, the officer who shot and killed Tamir Rice, the officer who drove the vehicle, and the State of Ohio were all listed as victims, with Rice being charged with “aggravated menacing” and “inducing panic.”

The report also claims that the officer who shot and killed Rice had minor injuries and that the complaint was “abated by death.” In a Tweet, the city of Cleveland denies that criminal charges were ever filed against Rice, leading many to question why the officer who killed Rice was listed as a victim of a crime. Many are also questioning why Rice was shot if there in fact was no crime.

Rice’s death has been ruled a homicide, and the criminal investigation into his death is still ongoing. Despite Cuyahoga County Sheriff Clifford Pinkney claiming in a press conference on May 12 that the bulk of the investigation into Rice’s death had been completed, it is still open nearly six months after Rice’s death. Neither officer involved has been charged in connection with Rice’s death. The officer who shot Rice was found unfit for duty prior to joining the Cleveland police department.

http://kulturekritic.com/2015/05/ne...t-tamir-rice-possibly-to-justify-killing-him/
 
Noted via Shaun King on Police Report Linked in First Update Above
Recently obtained documents from the Cleveland Police Department, displayed below, show that Tamir Rice was going to be charged with the outrageous crimes of "aggravated menacing" and "inducing panic."

[ ... ]

The bogus criminal report for Tamir is below.

Notice the following three points.

1. They list three victims of Tamir Rice:

a. The State of Ohio
b. Officer Loehmann (who shot and killed Tamir)
c. Officer Garmback (who drove the vehicle)

This is essential. They are not claiming Tamir was a menace or induced panic to other people in the park, but to the officers. ABSURD.

2. At the end of the report, notice that they say this complaint was "abated by death."

3. Notice the officer who shot and killed Tamir claims to have had minor injuries.

http://www.dailykos.com/story/2015/...-crimes-of-aggravated-menacing-inducing-panic
 
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One less future "baby daddy." This kid was bound for greatness. He probably would have attended the same college that Trayvon Martin and Michael Brown were headed to. All in all...the fact of the matter is...if this kid hadn't been shot at twelve, he would have been shot at fifteen.
 
Instead, they placed his sister in handcuffs, not allowing her to comfort her dying brother. Rice died the next day
This part still gets me. There was a shooting, therefore it was a crime scene, they COULDN'T let her in!

That part of the police's behavior wasn't wrong. At that point the only people allowed in are emergency medical personnel and police, bystanders are NOT allowed into a crime scene.

I understand that she would have been beyond distraught but they couldn't let her hold him, if everyone wanted a fair and full investigation they the police had to keep everyone non-essential out of the crime scene.
 
Then maybe as his fucking parent you should have made sure he didn't have a BB gun with the safety plastic removed.

No, it's easier to not actually parent our children and then blame the world when the worst happens.

I have to disagree with you there. Kids get stuff from other kids ALL THE TIME. And usually the parents are unaware
 
I cant read all of the comments at this moment. but did anyone notice the fact that the officer who shot him was previously fired from another PD? I think they thought he was incompetent. Cried at the gun range??? This was just the perfect storm for a tragedy. But to add insult to injury, they wanna charge a DEAD KID with aggravated menacing? I don't get it.
 
n-TAMIR-RICE-large570.jpg

Prosecutors on Saturday released the Cuyahoga County Sheriff's investigation into the death of Tamir Rice, revealing interviews with witnesses and Timothy Loehmann, the cop who shot the 12-year-old boy.

County Prosecutor Tim McGinty released some 250 pages of investigation material just after 3 p.m., according to WKYC. One of the statements released was made by Loehmann, who said he had "no choice" but to shoot Tamir when he "reached for his gun," which turned out to be a BB gun.

"He gave me no choice," Loehmann told another officer just minutes after he shot Tamir on Nov. 22, according to the report. "He reached for the gun and there was nothing I could do."

The sheriff's office didn't offer an opinion on the criminality of Loehmann's actions that day, but the material will be forwarded to a grand jury, which will determine if charges should be brought against the officer. A Cleveland Municipal Court judge said Thursday that there was probable cause to charge Loehmann with involuntary manslaughter, reckless homicide, negligent homicide and dereliction of duty. But McGinty reiterated that he'll leave the decision to the grand jury.

"Transparency (i.e., the actual facts) is essential for an intelligent discussion of the important issues raised by this case," McGinty said in a statement released with the new material. "We are now in the process of reviewing this report and deciding what additional investigation is needed. That is the way that every significant investigation works: The Sheriff's investigation is a good solid foundation that will support the grand jury's own investigation.

"Tamir's family, the people of this community and the officers involved deserve nothing less than the most thorough investigation and analysis possible," he said.

The investigation documents show that Loehmann and responding officers thought Tamir's gun was real, and reveals the mindset of witnesses and officers on the scene. It also shows that Loehmann leaped out of his patrol vehicle and two seconds passed before he shot Tamir twice.

19 Action News compiled the all of the documents, which can be viewed below. For a solid, brief overview, visit WKYC.

1. Investigation overview

2. Interviews, requests and the Cuyahoga County Medical Examiner's report.

3. Interview with a redacted person

4. More interviews, including one with the dispatcher

5. Interview with the Medical Examiner and more

6. Interviews including some with Tamir's friends and family

7. Interviews with EMS paramedics, supervisors, firefighters and others

8. Synopsis of interviews, and the interview with the dispatcher who took the original 911 call

9. Interviews with detectives, and Medical Examiner's report

10. Final document contains the last set of interviews

It's not clear why McGinty decided to release the full report, which was compiled over the course of four months, to the public.

http://www.huffingtonpost.com/2015/...ml?ir=Black+Voices&ncid=fcbklnkushpmg00000047
 
If only the police officer hadn't shot poor little, Tamir....he could have lived another three years until he was shot and killed by some thug.
 

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