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| Tamir Rice: judge finds cause for murder charge over police killing of 12-year-old | Tamir Rice: judge finds cause for murder charge over police killing of 12-year-old |
| (35 minutes later) | |
| A judge in Ohio said on Thursday he had found probable cause to charge a police officer with murder for the fatal shooting of 12-year-old Tamir Rice last year. | A judge in Ohio said on Thursday he had found probable cause to charge a police officer with murder for the fatal shooting of 12-year-old Tamir Rice last year. |
| Judge Ronald Adrine of the Cleveland municipal court said there were grounds to prosecute officer Timothy Loehmann with murder, manslaughter, reckless homicide and negligent homicide. | |
| Adrine also found there was probable cause for a charge of negligent homicide against officer Frank Garmback, Loehmann’s partner, who was present when Tamir was shot at a park on 22 November while holding a pellet gun. | Adrine also found there was probable cause for a charge of negligent homicide against officer Frank Garmback, Loehmann’s partner, who was present when Tamir was shot at a park on 22 November while holding a pellet gun. |
| The judge’s recommendation, however, was brushed aside by Timothy McGinty, the Cuyahoga County prosecutor, who pledged to proceed as planned with having a grand jury decide on whether the officers should be charged. | |
| “This case, as with all other fatal use of deadly force cases involving law enforcement officers, will go to the grand jury,” McGinty said in a statement. “That has been the policy of this office since I was elected. Ultimately, the grand jury decides whether police officers are charged or not charged. | |
| In a 10-page ruling, Judge Adrine wrote that after viewing surveillance video, which shows Tamir being shot dead within two seconds of Loehmann’s arrival, he was “still thunderstruck by how quickly this event turned deadly”. | |
| The judge said Tamir was given “little if any time” to respond to any commands from the officers, that his arms were not raised, and that he made no “furtive movement”. Adrine wrote: “Literally, the entire encounter is over in an instant.” | The judge said Tamir was given “little if any time” to respond to any commands from the officers, that his arms were not raised, and that he made no “furtive movement”. Adrine wrote: “Literally, the entire encounter is over in an instant.” |
| Adrine noted that his role remained “advisory in nature” and that any charges must be brought by prosecutors for the city of Cleveland or Cuyahoga County. | |
| However Walter Madison, an attorney for Tamir’s family, said on Thursday that he knew of no legitimate impediment to a prosecution and that Loehmann and Garmback should be arrested and arraigned in court. | |
| “We are very much relieved and it is a step towards procedural justice and people having access to their government,” Madison told the Guardian. | “We are very much relieved and it is a step towards procedural justice and people having access to their government,” Madison told the Guardian. |
| The ruling followed community leaders taking advantage of a little-known law to appeal directly to the judge to commence a prosecution of the officer, as is permitted in Ohio and a few other states. | The ruling followed community leaders taking advantage of a little-known law to appeal directly to the judge to commence a prosecution of the officer, as is permitted in Ohio and a few other states. |
| “State law does provide an avenue for a private citizen having knowledge of facts to initiate the criminal process,” Adrine wrote in his order. | “State law does provide an avenue for a private citizen having knowledge of facts to initiate the criminal process,” Adrine wrote in his order. |
| Madison said the decision showed “the police are public servants and not the public’s master”. | Madison said the decision showed “the police are public servants and not the public’s master”. |
| Adrine noted that the video shows the officers’ patrol car was “still in the process of stopping when Tamir is shot,” that for four minutes “neither officer approaches Tamir as he lies wounded on the ground,” and that they physically restrained Tamir’s sister when she tried to reach him. | Adrine noted that the video shows the officers’ patrol car was “still in the process of stopping when Tamir is shot,” that for four minutes “neither officer approaches Tamir as he lies wounded on the ground,” and that they physically restrained Tamir’s sister when she tried to reach him. |