Calling probe a ‘whitewash,’ Tamir Rice’s family asks Cleveland prosecutor to recuse himself – The Washington Post

 

By Wesley Lowery October 16 at 12:01

Tamir Rice

Tamir Rice

In an eight-page letter expressing “grave concern,” the family of Tamir Rice, the 12-year-old boy shot and killed by a Cleveland police officer last November, called for the local prosecutor who is overseeing the investigation of the two officers involved to step aside and appoint a special prosecutor.

The letter, obtained by The Washington Post and addressed to Cuyahoga County Prosecutor Timothy McGinty from Rice family attorney Jonathan Abady and his co-counsel, argues that McGinty has unnecessarily delayed the grand jury process and decried his decision last week to release two expert opinions on the shooting that suggested the shooting was justified.“

The delay in presenting this case to a grand jury, the decision to retain pro-police ‘experts’ and release their reports to the media on a Saturday night over a holiday weekend… and the obvious shortcomings of the reports themselves have contributed to make the Rice family feel that your office is not committed to securing an indictment in this case,” attorneys for Tamir Rice’s mother wrote in the letter dated Oct. 16.

“It now appears that the grand jury presentation will be nothing short of a charade aimed at whitewashing this police killing of a 12-year-old child.”

The calls for McGinty to step aside are expected to be repeated Friday morning, when Rice’s mother and lawyers will hold a news conference in Cleveland.

“We respectfully request that you recuse yourself from this case and that a special prosecutor be appointed to investigate and prosecute this matter,” Rice’s family’s attorneys wrote to McGinty. “That is the only way that Tamir’s family, the community in Cleveland, and the nation as a whole will have any faith in the process.”

Tamir Rice was shot on Nov. 22, 2014, as he played with a toy gun in a park near his home on the west side of Cleveland. Officers were called to the park after a resident reported that a young man was waving what appeared to be a gun but was ‘probably fake.’ When officers Tim Loehmann and Frank Garmback arrived, they pulled their patrol car onto the snow-covered grass of the park, within seven feet of Tamir.

In video that captured the shooting, Loehmann is seen exiting the passenger side of the vehicle. In less than two seconds, Tamir was shot in the chest and was on the ground.The shooting came as the nation was locked in an emotional examination of police killings of unarmed black men.

Just days after Tamir was killed, a grand jury in Ferguson, Mo., would side against indicting white officer Darren Wilson for the death of Michael Brown, a black teenager. Weeks after that, a Staten Island grand jury would decline to charge a New York City police officer in the death of Eric Garner.

Of the incidents of police officers killing unarmed black men last year that gained national attention and scrutiny, Tamir Rice’s death remains the only case in which a decision about whether the officers involved will be charged with a crime has yet to be rendered. The shooting was initially probed by the Cuyahoga County Sheriff’s Office, which then gave the evidence that it had gathered to McGinty’s office.

On Saturday, McGinty released the expert opinions of two former police officials, commissioned as part of his investigation, both of whom concluded that the shooting was legally justified.

“It could be argued that the officers enhanced that risk by entering the park and stopping their vehicle so close to a potentially armed subject,” wrote retired FBI special agent Kimberly A. Crawford. “However, this type of ‘armchair quarterbacking’ has no place in determining the reasonableness of an officers [sic] use of force.”

Since the reports were released, the Rice family’s attorneys have questioned the credentials of both Crawford and Lamar Sims, a prosecutor from Colorado who conducted the second expert review — noting that Crawford’s previous analysis of a police shooting was rejected by the Department of Justice and that Sims had previously done a television interview in which he appears to side with the officers in Tamir Rice’s shooting.

“There is no question that the ‘experts’ you selected were biased,” Rice family’s lawyers wrote to McGinty. McGinty has not said when he will present the case to a grand jury, and said in a statement last week that he plans to continue releasing parts of the investigation as he receives them.

“This approach by our office has ended the protocol of total secrecy that once surrounded the use of deadly force by law enforcement officers,” McGinty said. “When a citizen is purposefully killed by police, the results of the investigation should be as public and transparent as possible.”

Source: Calling probe a ‘whitewash,’ Tamir Rice’s family asks Cleveland prosecutor to recuse himself – The Washington Post

Posted on 10/16/2015, in Cases, Tamir Rice, Uncategorized and tagged , , , , , . Bookmark the permalink. 35 Comments.

  1. yahtzeebutterfly

    WKYC Channel 3 News ‏@wkyc 32m32 minutes ago
    Family of Tamir Rice to hold noon news conference today:
    http://on.wkyc.com/1VWE1cA .

    Liked by 4 people

  2. I am so glad that the family of Tamir Rice is fighting back hard!! They have to call out the prosecutor. The deliberate leaks of those two supposed experts on what happened being legally justified before the grand jury has begun to hear all the evidence, is unconscionable. The fact is the police officers after the shooting lied to their superiors about Tamir waving a gun near others who were nearby. It turns out a video shows no one in the vicinity of this park. The officers did NOT follow their own police training protocols for this situation and they know this. THIS IS WHY THEY LIED.

    Liked by 5 people

    • Gronda,
      Preach it! The lies are what destroys public trust. No matter what Tamir was doing before the officers arrived, the video clearly shows that he was sitting down and not holding, nor waving, the toy gun. The caller’s report brings about logical reasonableness, which is that Tamir did not shoot anyone and thus, had no intentions of doing so. The dispatcher omitted in the call that the 911 caller said the gun might be fake. The judge’s rendering of the video is powerful, saying that the officer shot before his car came to a complete stop.

      Liked by 2 people

  3. This is disgusting. Im so sick of seeing grown, “professional” police officers with these stupid ass excuses for killing an innocent human being in cold blood. Acting like its all just business as usual.
    If this is the best we can expect from trained police then WTF do we train them for? We might as well just deputize any ol Joe from the block, they may actually do a better job because they may actually know the difference from an armed criminal from a neighborhood kid.

    Liked by 4 people

    • Shannon,
      Preach it! Professionals are not suppose to jump to conclusions or make assumptions — not deadly assumptions.

      Liked by 3 people

    • roderick2012

      Amen!!!

      These two yahoos had formulated their plan to go cowboy before they arrived on the scene.

      This was at the very least manslaughter.

      Liked by 1 person

  4. yahtzeebutterfly

    WKYC Channel 3 News ‏@wkyc 26m26 minutes ago
    New York lawyers Jonathan Abady (shown) and Earl Ward for Rice family says prosecutor’s

    Abady says officer that shot Tamir was unqualified to be hired by any police department; wants special prosecutor

    Atty. Abady: Our concern is that the grand jury process here is being used as a cover

    WKYC Channel 3 News ‏@wkyc
    Tamir’s sister Latonya Goldsby says McGinty is not impartial in his assessment

    Liked by 3 people

  5. yahtzeebutterfly

    WKYC Channel 3 News ‏@wkyc 5m5 minutes ago
    Goldsby: We ask Prosecutor McGinty to recuse himself from the case…..crowd chants “Tim McGinty’s gotta go”

    Liked by 2 people

  6. yahtzeebutterfly

    WKYC Channel 3 News ‏@wkyc 41m41 minutes ago
    SCLC’s Rev. Gregory Greer, who says he’s the primary activist w/ Tamir’s mother wants to get the facts out.

    “Tamir Rice’s Mother Says ‘No Justice’ in Call for Prosecutor’s Office to Step Aside” (ABC News)

    Liked by 2 people

  7. Double standard. They can LIE but if we lie, we go to jail! This makes me sick. I can’t stand it. Why can’t they just do what’s right for this beautiful child? WOW!

    Liked by 4 people

    • Hey Shyloh. They lie and get away with it because some biased person, such as the prosecutor in this matter, cloak or omit the lies in their “official” report.

      Liked by 2 people

  8. Off topic, but a verdict has been reached in another case.

    Liked by 2 people

    • yahtzeebutterfly

      I tremble when I think of the torture that Matthew experienced from the deputies before he died. It is horrifying.

      Liked by 5 people

  9. yahtzeebutterfly

    Powerful poem:

    Liked by 3 people

  10. I don’t LIKE this poem, I totally LOVE it. And I pinned it to my twitter. Hope you don’t mind.

    Liked by 2 people

    • yahtzeebutterfly

      I am so glad you pinned it to your twitter, Shyloh! When I listened to the poem, I thought to myself, “This poem should be heard by everyone in America!”

      Thank you so much for helping to make this poem known.

      Liked by 2 people

  11. yahtzeebutterfly

    Xena, I love the song you posted in the right column! 🙂

    Like

  12. The prosecution should have moved forward with indictments or charges the moment a Judge found probable cause. if anyody knows the law its that man in the black robe seated behind a bench.

    Liked by 2 people

    • Santiago, you make an excellent point. The judiciary has the responsibility of interpreting law. Whether we like it or not, that is our constitutional separation of powers. The prosecutor is rebelling because citizens relied on a law to go before the judiciary. I wonder if the grand jury will be presented with the judge’s decision?

      Liked by 3 people

      • yahtzeebutterfly

        ” I wonder if the grand jury will be presented with the judge’s decision?”

        Xena, if true justice is going to occur, I think the judge’s decision should be presented to the grand jury.

        Here is what the judge decided:

        (CNN) A judge has reviewed the facts around the shooting death of 12-year-old Tamir Rice and said he believes prosecutors should move forward with charges against the officers involved.

        In documents filed Thursday with the Cleveland Municipal Court, Judge Ronald Adrine found probable cause for the charges of murder, involuntary manslaughter, reckless homicide, negligent homicide and dereliction of duty against Cleveland Officer Timothy Loehmann, one of the two officers involved in the case.

        Additionally, the judge found probable cause for the charges of negligent homicide and dereliction of duty against Frank Garmback, the other officer.

        http://www.cnn.com/2015/06/11/us/tamir-rice-judge-recommendation/

        Liked by 2 people

      • Very good question if the Grand Jury is not presented with the judges decision then its obvious the DA doesnt want to charge these officers. it’s a damn shame when we have elected officials who were voted in to serve their communities sit back and do everything in their power to avoid doing the very thing they were elected to do

        Liked by 3 people

  13. A FB friend shared this on her blog, mine has been ordered.

    http://www.meanprogressive.com/2015/10/store.html

    Like

    • Some of those are very good messages. I wish her success.

      Liked by 1 person

      • The one with the reference to Ted Cruz, Jim Jones and David Koresh gave me chills.

        As with all of the victims of police shootings, to have to bury a child, knowing there may not be any consequence for his killers, is more than any parent should have to bear.

        Like

  14. This is absurd, ‘reasonable’. My … eye.

    Like

  15. yahtzeebutterfly

    Almost one year after 12-year-old Tamir Rice was fatally shot by a Cleveland police officer, a grand jury has convened to begin hearing evidence.

    According to Cleveland.com, the grand jury will review evidence collected in the last nine months and begin hearing testimonies from both city police officers and the county sheriff. The jury will decide whether or not to press charges against both Officer Timothy Loehmann, who fired the gun, and his partner, Officer Frank Garmback.

    http://www.essence.com/2015/10/29/grand-jury-begins-hearing-evidence-tamir-rice-case

    “Outrage Is Growing Over the Tamir Rice Investigation
    http://www.motherjones.com/politics/2015/10/tamir-rice-leaked-reports-grand-jury

    Like

    • Collected evidence? What evidence is there other than the 911 call and the video? Oh yeah — that one-sided report written by Loehmann. Too bad Tamir didn’t live long enough, and be healthy enough, to give his own statement.

      Liked by 1 person

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