CLEVELAND — A judge said Thursday that enough evidence exists to charge two white policemen in the fatal shooting of a 12-year-old black boy who was holding a pellet gun, a largely symbolic ruling because he can’t compel prosecutors to charge them.
Municipal Court Judge Ronald Adrine ruled there’s probable cause to charge rookie officer Timothy Loehmann with murder, involuntary manslaughter, reckless homicide or dereliction of duty in the November shooting death of Tamir Rice. And he ruled there’s evidence to charge Loehmann’s partner, Frank Garmback, with reckless homicide or dereliction of duty.
The judge made his ruling after activists submitted affidavits asking the court to rule there’s enough evidence to charge the officers in Tamir’s death, which has spurred protests and complaints about treatment of blacks.
“This court reaches its conclusions consistent with the facts in evidence and the standard of proof that applies at this time,” the judge wrote.
The Cuyahoga County Sheriff’s Department recently completed its investigation and gave its file to the county prosecutor, whose staff is reviewing the case while preparing to take it to a grand jury to determine if criminal charges should be filed.
Cuyahoga County prosecutor Tim McGinty said Thursday that this case, like all other fatal use-of-deadly-force cases involving law enforcement officers, will go to a grand jury.
“Ultimately,” he said, “the grand jury decides whether police officers are charged or not charged.”
The judge wrote in his ruling that a video of the shooting of Tamir captured by a surveillance camera is “notorious and hard to watch.” The video, which was released shortly after the shooting, shows Loehmann shooting Tamir in the abdomen within two seconds of a police cruiser driven by Garmback skidding to a stop near the boy.
The judge said he watched the video several times and was “thunderstruck” by how quickly the encounter turned deadly.
“There appears to be little if any time reflected on the video for Rice to react or respond to any verbal or audible comments,” he wrote.
Police officials have said Loehmann ordered Tamir three times to put up his hands before he shot the boy.
