What angers me is that there are separation of powers, and prosecutors are replacing the judiciary as interpreters. Judges have defined “reasonable” and that is also included in jury instructions in cases of this nature. Now, how can a prosecutor who has found that killing 12-year old Tamir Rice was reasonable, is going to be able to indict a ham sandwich before the grand jury?




Two reports done by Cuyahoga County, Ohio Prosecutor Timothy J. McGinty found the shooting of Tamir Rice, by police officer Timothy Loehmann to be a “reasonable ” shooting.

For those of you whom don’t remember, Tamir Rice was a 12 year old school kid, who was playing with a toy gun, when he was gunned down in approximately three seconds by , police officer Timothy Loehmann, who was responding to a 911 call about someone walking around with a gun. Ohio by the way is an open carry state.

A grand jury will still have to make the final decision if charges will be brought against Loehmann.


Two Reports Find Police Killing Of 12-Year-Old Tamir Rice ‘Reasonable,’ Family Attorney Calls Results ‘Whitewashed’ http://bit.ly/1VLJpiV

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Posted on 10/12/2015, in Cases, Cops Gone Wild, Tamir Rice and tagged , , , , , , . Bookmark the permalink. 25 Comments.

  1. Good morning everyone. I’m hoping to get things done today and tomorrow so I can get back to blogging. Next week are follow-up doctor appointments for tests, but at least the long wait phone calls and paperwork will be completed.

    Liked by 5 people

    • roderick2012

      Xena, I hope all of your test results are good and as for the dentist I had two crowns in June so I feel your pain.

      Be well!!

      Liked by 2 people

      • Thanks, Roderick. Actually, I should have had all of the fillings removed last year and replaced with caps, but I put it off. The one that just fell out came at a time when I’m undergoing tests for physical problems. So, I got a double-whammy of sorts. It must be the planets. 🙂


  2. yahtzeebutterfly


    Is the prosecutor saying that it was okay for the Cleveland PD to hire Tamir’s killer when other police departments thought that the officer was not qualified to be a police officer?

    Is the prosecutor saying that it was okay to shoot Tamir IMMEDIATELY without assessing the situation?

    Is the prosecutor saying that it was okay for the officers NOT to give Tamir first aid immediately which could have saved Tamir’s life?
    (Only when a FBI agent in the area arrived four minutes later was Tamir given first aid by that agent.)

    Liked by 4 people

  3. Two sides to a story

    This is what corruption looks like.

    Liked by 4 people

  4. Again an open carry state, but yet instill he’s killed within seconds of trigger happy cops that gave no commands to freeze, or drop your weapon? This is yet again another let down for the American people.

    Liked by 3 people

    • Ladylove,
      Indeed. Tamir, John Crawford and others — makes me wonder how much emphasis should be stressed by 911 dispatchers on reports of a person with a gun. No shots fired and in a public place where only one busy-body person calls 911. Dispatchers should place emphasis on that. The dispatcher that sent out the report on Tamir omitted things that the caller said, such as it was a child and could be a fake gun. That dispatcher has resigned.

      Liked by 2 people

  5. Here is the problem. The police did not follow the protocol as prescribed by police training. Assuming that they were convinced that they saw someone playing with a gun but with no one around, the police should have called for back up by withdrawing to a distance that if the gun was real, they would not be a target. They did not take time to better ascertain the situation. They just fired and then the lied to superiors. The police said they acted within seconds to protect others in the park but a video proves that this was not the case.

    Liked by 4 people

  6. yahtzeebutterfly

    Liked by 1 person

  7. Get better soon dear.

    This just sickens me more. How dare they say it was justified. Can’t wait till it is one of theirs then we’ll see. Sick Sick And Sick ER !!!ugh

    Liked by 1 person

  8. i just want to TY for this blog…..as some of you likely know i am a libertarian and opposed to many policies of both the left and right, and i have found here a place where i can post without worry about personal attack and those that disagree with me do so with civility…..and i must state that the conservative places i visit BAN me pretty quickly when i dare to disagree with some of their FAKE conservative claims…….again this is solely to THANK all the users of this blog……also it is hilarious how at most all the other blogs if they favor the left they call me a far right loon, and if they favor the right they call me a flaming liberal……amazing isnt it how so many desire to label the person and not even consider their actual words?

    Liked by 1 person

    • Bill,
      Sorry for the late response. No, I did not know you are a libertarian and frankly, I don’t care because I did not come to know you based on your political position. You share many of the same interests as others do on this blog, and although your views may not be shared by all, their are your views that you present openly and most importantly, respectfully.

      Problems cannot be identified without discussion, and if there is any possibility of resolution, that too cannot happen without discussion. As far as I know, no one comes here to post to influence. Rather, we always try to inform and express our views without trying to influence everyone else that it’s our way or the highway.

      Now, I’m going to try to stay awake and watch the debate. 🙂

      Liked by 2 people

  9. crustyolemothman

    Xena, While many of us may not agree with the system used to charge people (or perhaps mainly Police Officers) with what we view as criminal acts, there is a legal (or perhaps quasi legal) basis for the way a prosecutor decides whether or not to bring action against alleged criminals.


    Liked by 1 person

    • Thanks Mothman. I understand what the ABA states as responsibilities for state prosecutors. The problem I have is the interpretation of certain ambiguous terms, such as “reasonable.” The courts interpret that. Prosecutors should leave that to a jury to decide. In this matter involving Tamir, Judge Ronald Adrine of the Cleveland Municipal Court already found that probable cause exists for a charge of murder, reckless homicide, negligent homicide, and dereliction of duties against Loehmann. (Page 8) The prosecutor has thumbed his nose at the judge’s findings.

      Click to access judgment-entry-on-tamir-rice-case.pdf

      Liked by 1 person

  10. chuquestaquenumber1

    Hello Xena,
    I hope you have recovered from the illness you had. My girlfriend is just getting over her cold.

    Unfortunately,this is of no surprise. Maybe the grand jury will indict. Young Tamir Rice is killed. Not to long ago a white 17 yr old went into a Michigan car dealer pretending to be a FBI agent. The kid had a airsoft gun on his waist. He stole a car on the basis of pretending to be an FBI agent. After stealing the car,he leads police on a interstate chase that ends in Ohio. He crashes the car. No cop felt the need to shoot him.

    Liked by 3 people

    • Hey Chuquest!
      Still waiting on test results and today, received notification by mail that my doctor wants me to take “stage 3” CT’s and x-rays. The mail came late so I can’t call about it until the morning.

      If the same prosecutor takes the evidence before the grand jury, he is already biased and can’t see him indicting a ham sandwich.

      About the story you shared, it goes to prove that some cops make decisions that protects ALL lives. Not everything should be met with deadly force.


  11. I lived in Cleveland when Tamir was murdered. And that is what it was. He was only 12 years old and he is dead because of the cops not taking the time to find out what was really happening. It was a toy! It was a toy and he was in a park playing like any twelve year old would do. There was nothing reasonable. His mother did not have money and the cops killed him within 2 minutes of arriving on the scene. RIP. Hugs, Barbara

    Liked by 1 person

    • Hey Barbara! What happened to Tamir goes to show how lax dispatchers are, and how inexperienced the officers are. It is outrageous.

      Liked by 1 person

      • I agree. But little Tamir is still dead and he will receive no justice. My heart breaks for his mother and family. When I was little you could leave in the morning and come home for dinner. It isn’t safe for anyone anymore. Hugs, Barbara


  12. Hi hope you are feeling better. Oh my this is a shocking story. I’d not heard anthing about this. It seems to be getting more commonplace. Heartbreaking 😦 Alex xx


    • Hey Alex. This week has been scheduling more tests and more appointments. It is tiring but necessary so I suppose I shouldn’t complain.

      Yes, what happened to Tamir and the way that the prosecutor is handling it is heartbreaking. Overall, this along with other cases, betrays public trust. I’m hoping that when candidates campaign for the position of state attorney, that voters will ask them the hard questions.

      Liked by 1 person

  13. yahtzeebutterfly

    “Tamir Rice’s Family Clashes With Prosecutor Over Police Killing”
    DEC. 23, 2015


    But the family’s own experts said the video actually showed that the boy’s hands were in his jacket pockets when he was shot, that no gun was visible, that he did not reach for his waistband and that his arm and shoulder rose only in response to Officer Loehmann’s pointing and firing his weapon.

    The family’s experts also dispute that Officer Loehmann warned Tamir several times to show his hands. They assert that his patrol car’s windows had been rolled up and that he fired within one second of opening his door, making a real warning impossible, and they concluded that the shooting was not reasonable.


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