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Tamir Rice case reveals justice systems: 'one for police, one for everybody else' Tamir Rice case reveals justice systems: 'One for police, one for everybody else'
(about 1 hour later)
In the seven months since a Cleveland police officer killed a 12-year-old holding a toy gun, local activists like Yvonka Hall found themselves asking the same questions, over and over again:In the seven months since a Cleveland police officer killed a 12-year-old holding a toy gun, local activists like Yvonka Hall found themselves asking the same questions, over and over again:
What’s taking so long?What’s taking so long?
Why would it take the Cuyahoga County sheriff so long to investigate the shooting of the child Tamir Rice by the officer Timothy Loehmann?Why would it take the Cuyahoga County sheriff so long to investigate the shooting of the child Tamir Rice by the officer Timothy Loehmann?
And why would the county prosecutor delay sending the case of the killing of a child holding a toy to a grand jury?And why would the county prosecutor delay sending the case of the killing of a child holding a toy to a grand jury?
“Something needed to happen,” said Hall, who has been a driving force behind the community-driven conversations about police-related shootings in Cleveland, a city that recently settled with the US Department of Justice over the use of “excessive and unreasonable force” by its police.“Something needed to happen,” said Hall, who has been a driving force behind the community-driven conversations about police-related shootings in Cleveland, a city that recently settled with the US Department of Justice over the use of “excessive and unreasonable force” by its police.
Related: Tamir Rice: judge finds cause for murder charge over police killing of 12-year-oldRelated: Tamir Rice: judge finds cause for murder charge over police killing of 12-year-old
Something did happen on Thursday, when Cleveland municipal court presiding judge Ronald Adrine found probable cause to charge Loehmann with a host of crimes: murder, involuntary manslaughter, reckless homicide, negligent homicide and dereliction of duty. The judge found probable cause to charge officer Frank Garmback with negligent homicide and dereliction of duty. Garmback was Loehmann’s partner on the force.Something did happen on Thursday, when Cleveland municipal court presiding judge Ronald Adrine found probable cause to charge Loehmann with a host of crimes: murder, involuntary manslaughter, reckless homicide, negligent homicide and dereliction of duty. The judge found probable cause to charge officer Frank Garmback with negligent homicide and dereliction of duty. Garmback was Loehmann’s partner on the force.
But Adrine’s ruling didn’t advance the case. The judge didn’t order the officers be arrested. Instead, he ordered complaints be filed with both the Cleveland and Cuyahoga County prosecutors offices.But Adrine’s ruling didn’t advance the case. The judge didn’t order the officers be arrested. Instead, he ordered complaints be filed with both the Cleveland and Cuyahoga County prosecutors offices.
The city prosecutor’s office issued a statement deferring to the county prosecutor’s office, which already is handling the case. Cuyahoga County prosecutor Timothy McGinty issued a statement re-iterating his intention to send the case to a grand jury without filing preliminary charges against the officers.The city prosecutor’s office issued a statement deferring to the county prosecutor’s office, which already is handling the case. Cuyahoga County prosecutor Timothy McGinty issued a statement re-iterating his intention to send the case to a grand jury without filing preliminary charges against the officers.
“The grand jury decides,” he said – not the judge, nor the community leaders who used a rarely-invoked Ohio law to appeal directly to the judge to try and prosecute an office. “The grand jury decides,” he said – not the judge, nor the community leaders who used a rarely invoked Ohio law to appeal directly to the judge to try and prosecute an office.
Now, the status quo remains, and the wait begins anew for local leaders and activists who said in the wake of the judge’s ruling that they weren’t just satisfied but frustrated that this – the case of a 12-year-old shot in broad daylight, on camera – could not lead to a clearer sense of due process.Now, the status quo remains, and the wait begins anew for local leaders and activists who said in the wake of the judge’s ruling that they weren’t just satisfied but frustrated that this – the case of a 12-year-old shot in broad daylight, on camera – could not lead to a clearer sense of due process.
“If you kill someone, the law says you go to jail,” said Hall, who is also the executive director of the Northeast Ohio Black Health Coalition.“If you kill someone, the law says you go to jail,” said Hall, who is also the executive director of the Northeast Ohio Black Health Coalition.
Related: Cleveland activists aim to force murder trial with obscure law in Tamir Rice caseRelated: Cleveland activists aim to force murder trial with obscure law in Tamir Rice case
Judge Adrine issued his opinion after eight clergy and activists invoked the obscure state law on Monday. The group based their filings on a video showing the youngster was killed seconds after police arrived at the park where he’d been playing.Judge Adrine issued his opinion after eight clergy and activists invoked the obscure state law on Monday. The group based their filings on a video showing the youngster was killed seconds after police arrived at the park where he’d been playing.
Adrine wrote that the video was “notorious and hard to watch”, that he was “thunderstruck by how quickly this event turned deadly”.Adrine wrote that the video was “notorious and hard to watch”, that he was “thunderstruck by how quickly this event turned deadly”.
But his opinion also says that the law limits his authority.But his opinion also says that the law limits his authority.
“The court does not have the option of unilaterally issuing a warrant on its own initiative in these private citizen initiated cases,” the judge wrote. “However, a private citizen, to ‘cause prosecution’ must now file an affidavit with a ‘reviewing official’ ... to determine if a complaint should be filed by the prosecutor.”“The court does not have the option of unilaterally issuing a warrant on its own initiative in these private citizen initiated cases,” the judge wrote. “However, a private citizen, to ‘cause prosecution’ must now file an affidavit with a ‘reviewing official’ ... to determine if a complaint should be filed by the prosecutor.”
The reality of the new standoff over Tamir and Cleveland that emerged in the immediate aftermath of the ruling dampened the initial enthusiasm for community activists like Rachelle Smith, who helped file the affidavits.The reality of the new standoff over Tamir and Cleveland that emerged in the immediate aftermath of the ruling dampened the initial enthusiasm for community activists like Rachelle Smith, who helped file the affidavits.
“His statement validates the feeling that the public and particularly Tamir’s family have held for six months that have been dismissed and disregarded by the city, and the police union,” Smith said.“His statement validates the feeling that the public and particularly Tamir’s family have held for six months that have been dismissed and disregarded by the city, and the police union,” Smith said.
But she said the criminal justice process had come “full circle” for the case.But she said the criminal justice process had come “full circle” for the case.
“The county prosecutor’s stubborn insistence that it must go to a grand jury before seeking preliminary charges upholds the idea that there are two, separate criminal justice systems: one for the police, and one for everybody else.”“The county prosecutor’s stubborn insistence that it must go to a grand jury before seeking preliminary charges upholds the idea that there are two, separate criminal justice systems: one for the police, and one for everybody else.”
Attorney Michael Nelson, who heads the legal redress committee for the Cleveland branch of the NAACP who helped advise the citizens who filed the affidavits, said there was deeper context for Cleveland’s criminal justice system and beyond. Attorney Michael Nelson, who heads the legal redress committee for the Cleveland branch of the NAACP and who helped advise the citizens who filed the affidavits, said there was deeper context for Cleveland’s criminal justice system and beyond.
“Let’s look at the process,” he said. “The city jail is full of individuals who are charged with crimes who have not yet been indicted.”“Let’s look at the process,” he said. “The city jail is full of individuals who are charged with crimes who have not yet been indicted.”
Nelson noted that suspects are usually arrested, charged and released on bond before being indicted by a grand jury. “That’s where this case should be,” he said. “The cops should be arrested, charged, a bond set, given the opportunity to waive a preliminary hearing, and then released if they pay the bond.”Nelson noted that suspects are usually arrested, charged and released on bond before being indicted by a grand jury. “That’s where this case should be,” he said. “The cops should be arrested, charged, a bond set, given the opportunity to waive a preliminary hearing, and then released if they pay the bond.”
“That’s all we’re saying should happen to these cops because there’s probable cause they committed a crime based upon the videotape that shows them ... shooting a kid who is not committing a crime.”“That’s all we’re saying should happen to these cops because there’s probable cause they committed a crime based upon the videotape that shows them ... shooting a kid who is not committing a crime.”