Tamir Rice: Two Reports Conclude Officer's Shooting Was Justified

by Phil Helsel /  / Updated 

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The Ohio prosecutor gathering evidence in the fatal police shooting of Tamir Rice released two reports Saturday that conclude the officer was justified in shooting the 12-year-old.

The separate reports — conducted by a retired FBI agent and by a prosecutor in Denver — were released by the Cuyahoga County Prosecutor's Office. They found that Officer Timothy Loehmann acted reasonably under the law when he shot Rice on Nov. 22. Police say Rice was holding a pellet gun that resembled a handgun.

A grand jury will determine whether Loehmann faces criminal charges in Rice's death.

Cuyahoga County Prosecutor Timothy J. McGinty said he released the reports — commissioned by his office — in the interest of transparency.

"We are not reaching any conclusions from these reports," McGinty said in a statement. "The gathering of evidence continues and the grand jury will evaluate it all."

Subodh Chandra, a lawyer for Rice's family, criticized the reports as part of what he called a "whitewash."

"These supposed "experts" — all pro-police — dodge the simple fact that the officers rushed Tamir and shot him immediately without assessing the situation in the least," Chandra said in a statement. "Reasonable jurors could find that conduct unreasonable."

Tamir was shot after he allegedly refused orders to put his hands up and reached for his waistband, police have said.

RELATED: No Hard Evidence Found That Cop Ordered Tamir to Raise Hands

The report from retired FBI special agent Kimberly A. Crawford said while responding to a report of a person with a gun, Loehmann had to make a "split-second" decision to use deadly force.

"Loehmann’s attention would be focused on Rice’s hands as they moved towards his waist band and lifted his jacket. Unquestionably, the actions of Rice could reasonably be perceived as a serious threat to Officer Loehmann," Crawford wrote.

"It is my conclusion that Officer Loehmann's use of deadly force falls within the realm of reasonableness under the dictates of the Fourth Amendment," Crawford wrote.

The other report — from S. Lamar Sims, senior chief deputy district attorney in Denver — said the video shows Loehmann exiting the car rapidly and moving toward cover, which suggests he felt there was an imminent threat.

"The officers did not create the violent situation — they were responding to a situation fraught with the potential for violence to citizens," Sims wrote in his report.

He noted that a detective on the scene initially thought the pellet gun was a Colt 1911 handgun, and was surprised when he learned it was an airsoft pellet gun.

RELATED: Judge Finds Probable Cause for Charges Against Cops in Tamir Rice Killing

Rice's death sparked protests in Cleveland and was held up as an example of what some feel are heavy-handed tactics used by police against minorities.

His family has filed a federal lawsuit against Loehmann and the officer he was with, Frank Garmback. The suit claims excessive force.

In December, the Department of Justice concluded that Cleveland police had engaged in a pattern of excessive force and civil rights violations. The city agreed in May to a broad set of police reforms, including an overhaul of its rules on the use of force, new oversight provisions and training to minimize racial bias.

The Cleveland Police Patrolmen's Association said in a statement Saturday that it agreed with the findings of the two reports, but called the shooting "an absolute tragedy for all involved."

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