CrimeCrimetamir ricetimothy loehmann

Judge Finds Probable Cause To Charge Officer Timothy Loehmann With Murder In Tamir Rice Killing

Judge Finds Probable Cause To Charge Cop Who Killed Tamir Rice With Murder
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By 

Crime and Weird News editor, The Huffington Post

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A Cleveland Municipal Court judge said Thursday there was probable cause to charge a Cleveland officer with murder in the killing of 12-year-old Tamir Rice, according to Cleveland.com.

Officer Timothy Loehmann shot and killed Rice in November 2014 while Rice was playing with a toy gun. Loehmann opened fire within two seconds of arriving outside a recreation center where the young boy was standing. The report said that there was probable cause to also charge him with involuntary manslaughter, reckless homicide and dereliction of duty.

The judge also found there was probable cause to charge officer Frank Garmback, Loehmann's partner, with negligent homicide and dereliction of duty.

Judge Ronald Adrine found that there were grounds to prosecute the officers, but he notes in his decision that he is acting in an "advisory" role and that ultimately a grand jury will decide whether charges are warranted.

Adrine's decision notes that in surveillance footage of the incident, “there appears to be little if any time reflected on the video for Rice to react or respond to any verbal or audible commands given from Loehmann and Garmback from their [car] between the time that they first arrived and the time that Rice was shot.”


The ruling comes after community leaders earlier this week asked the court to let a judge bring murder charges and issue arrest warrants in the case.

"The police's use of deadly force was fatal, unconscionable, that we deem criminal in nature," read their 131-page citizen complaint.

Last week, the Cuyahoga County Sheriff's Department gave the findings of its investigation to County Prosecutor Tim McGinty's office. Today, McGinty responded to the judge's findings, saying that he would follow standard procedure and let a grand jury decide whether to charge Loehmann:

The Guardian reports that Rice's family attorney took issue with McGinty's decision, saying that the prosecutor has every right to have Loehmann arrested and arraigned.

CORRECTION: An earlier version of this article misstated the charges against the respective officers.

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Before You Go

32 Powerful Images From Baltimore
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Devante Hill makes a heart with his hands after he was hit with pepper spray after someone threw a bottle at police on Tuesday, April 28, 2015, in Baltimore, MD, USA. Photo by Lloyd Fox/Baltimore Sun/TNS/ABACAPRESS.COM (credit:Baltimore Sun/ABACA)
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A man sits on a bicycle in front of a line of police officers in riot gear ahead of a 10 p.m. curfew in the wake of Monday's riots following the funeral for Freddie Gray, Tuesday, April 28, 2015, in Baltimore. (AP Photo/David Goldman) (credit:ASSOCIATED PRESS)
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A woman runs for safety as police throw tear gas canisters while enforcing curfew, Tuesday, April 28, 2015, in Baltimore, a day after unrest that occurred following Freddie Gray's funeral. (AP Photo/Patrick Semansky) (credit:ASSOCIATED PRESS)
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A man at left who would not give his name is arrested for violating the curfew where Monday's riots occurred following the funeral for Freddie Gray, Tuesday, April 28, 2015, in Baltimore. (AP Photo/David Goldman) (credit:ASSOCIATED PRESS)
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State Sen. Catherine E. Pugh, right, D-Baltimore, embraces a protestor while urging the crowd to disperse ahead of a 10 p.m. curfew in the wake of Monday's riots following the funeral for Freddie Gray, Tuesday, April 28, 2015, in Baltimore. (AP Photo/David Goldman) (credit:ASSOCIATED PRESS)
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BALTIMORE, MD - APRIL 28: A woman reacts during a curfew in Baltimore, Maryland, USA on 28 April 2015. Tensions eased on 28 April after demonstrators kept rock-throwing protestors at bay from lines of police in riot gear. Hundreds of people were still out on the street after the 10 pm curfew passed. Police formed a wall against protestors who continued throwing plastic and glass bottles at them and officers threw smoke bombs and shot pepper spray pellets at the protesters. Demonstrations continue over the death of Freddie Gray, 25, an African-American who died on 19 April of injuries suffered in police custody. (Photo by Cem Ozdel/Anadolu Agency/Getty Images) (credit:Anadolu Agency via Getty Images)
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BALTIMORE, MD - APRIL 28: A protester hugs a woman during a curfew in Baltimore, Maryland, USA, on 28 April 2015. Tensions eased on 28 April after demonstrators kept rock-throwing protestors at bay from lines of police in riot gear. Hundreds of people were still out on the street after the 10 pm curfew passed. Police formed a wall against protestors who continued throwing plastic and glass bottles at them and officers threw smoke bombs and shot pepper spray pellets at the protesters. Demonstrations continue over the death of Freddie Gray, 25, an African-American who died on 19 April of injuries suffered in police custody. (Photo by Cem Ozdel/Anadolu Agency/Getty Images) (credit:Anadolu Agency via Getty Images)
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BALTIMORE, MD - APRIL 27: A man who was pepper sprayed has his eyes washed out near West North Avenue and Pennsylvania Avenue during a protest for Freddie Gray in Baltimore, MD on Monday April 27, 2015. Gray died from spinal injuries about a week after he was arrested and transported in a police van. (Photo by Jabin Botsford/The Washington Post via Getty Images) (credit:The Washington Post via Getty Images)
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BALTIMORE, MD - APRIL 28: People protest near the CVS pharmacy that was set on fire yesterday during rioting after the funeral of Freddie Gray, on April 28, 2015 in Baltimore, Maryland. Protests following the death of Freddie Gray from injuries suffered while in police custody have turned violent with people throwing debris at police and media and burning cars and businesses. (Photo by Muhammed Bilal Kenasari/Anadolu Agency/Getty Images) (credit:Anadolu Agency via Getty Images)
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BALTIMORE, MD - APRIL 28: A man reacts during a curfew in Baltimore, Maryland, USA, 28 April 2015. Tensions eased on 28 April after demonstrators kept rock-throwing protestors at bay from lines of police in riot gear. Hundreds of people were still out on the street after the 10 pm curfew passed. Police formed a wall against protestors who continued throwing plastic and glass bottles at them and officers threw smoke bombs and shot pepper spray pellets at the protesters. Demonstrations continue over the death of Freddie Gray, 25, an African-American who died on 19 April of injuries suffered in police custody. (Photo by Cem Ozdel/Anadolu Agency/Getty Images) (credit:Anadolu Agency via Getty Images)
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BALTIMORE, MD - APRIL 28: People protest near the CVS pharmacy that was set on fire yesterday during rioting after the funeral of Freddie Gray, on April 28, 2015 in Baltimore, Maryland. Protests following the death of Freddie Gray from injuries suffered while in police custody have turned violent with people throwing debris at police and media and burning cars and businesses. (Photo by Muhammed Bilal Kenasari/Anadolu Agency/Getty Images) (credit:Anadolu Agency via Getty Images)
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BALTIMORE, MD - APRIL 28: Children are seen near a policeman as people protest near the CVS pharmacy that was set on fire yesterday during rioting after the funeral of Freddie Gray, on April 28, 2015 in Baltimore, Maryland. Protests following the death of Freddie Gray from injuries suffered while in police custody have turned violent with people throwing debris at police and media and burning cars and businesses. (Photo by Muhammed Bilal Kenasari/Anadolu Agency/Getty Images) (credit:Anadolu Agency via Getty Images)
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Shawna Murray-Browne burns sage leaves as a way to purify the space on Tuesday, April 28, 2015, in Baltimore, MD, USA. Photo by Lloyd Fox/Baltimore Sun/TNS/ABACAPRESS.COM (credit:Baltimore Sun/ABACA)
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Jerrie McKenny, left, can't hold back the tears as she gets a hug from her sister Tia Sexton while at a peaceful protest at North and Pennsylvania Avenues on Tuesday, April 28, 2015, in Baltimore, MD, USA. Photo by Lloyd Fox/Baltimore Sun/TNS/ABACAPRESS.COM (credit:Baltimore Sun/ABACA)
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A motorcyclist rides Tuesday, April 28, 2015, in Baltimore. Maryland's governor vowed there would be no repeat of the looting, arson and vandalism that erupted Monday in some of the city's poorest neighborhoods. (AP Photo/Matt Rourke) (credit:ASSOCIATED PRESS)
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Shameeka Dream, of Baltimore is helped after being sprayed in the eyes with a crowd disbursement during a demonstration after an evening of riots following the funeral of Freddie Gray on Tuesday, April 28, 2015, in Baltimore. Gray died from spinal injuries about a week after he was arrested and transported in a Baltimore Police Department van. (AP Photo/Evan Vucci) (credit:ASSOCIATED PRESS)
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A man rides a bicycle through heavy smoke that is emitting from a nearby store on fire, Monday, April 27, 2015, during unrest following the funeral of Freddie Gray in Baltimore. (AP Photo/Patrick Semansky) (credit:ASSOCIATED PRESS)
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People clasp hand and sing the hymn "Amazing Grace" Tuesday, April 28, 2015, in Baltimore, in the aftermath of rioting following Monday's funeral for Freddie Gray, who died in police custody. The streets were largely calm in the morning and into the afternoon, but authorities remained on edge against the possibility of another outbreak of looting, vandalism and arson. (AP Photo/Matt Rourke) (credit:ASSOCIATED PRESS)
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In this frame from video provided by WJLA, smoke rises from a store Monday, April 27, 2015, during unrest following the funeral of Freddie Gray in Baltimore. Rioters plunged part of Baltimore, torching a pharmacy, setting police cars ablaze and throwing bricks at officers. (WJLA via AP) MANDATORY CREDIT (credit:ASSOCIATED PRESS)
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A man throws a brick at police Monday, April 27, 2015, following the funeral of Freddie Gray in Baltimore. (AP Photo/Patrick Semansky) (credit:ASSOCIATED PRESS)
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Baltimore police officers detain a demonstrator after the funeral of Freddie Gray, Monday, April 27, 2015, in Baltimore. (AP Photo/Jose Luis Magana) (credit:ASSOCIATED PRESS)
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BALTIMORE, MD- APRIL 28: (R) Camille Lattimore-Weanquoi points her finger at officers lining the street where a peaceful gathering was taking place. There was a heavy police presence in some parts of the city today. These officers lined the street on W. North Ave. the scene of much looting. (Photo by Michael S. Williamson/The Washington Post via Getty Images) (credit:The Washington Post via Getty Images)
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BALTIMORE, MD - APRIL 28: Shown is the charred remains of a senior center under construction at Federal and Gay Streets on April 28, 2015, that was burned down during Monday's riots in Baltimore, Md. Crowds of people in the downtown streets of Baltimore began rioting after funeral services for Freddie Gray. Folks resorted to looting, starting fires, and confrontations with law enforcement leading to several arrests on Monday. (Photo by Ricky Carioti/The Washington Post via Getty Images) (credit:The Washington Post via Getty Images)
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BALTIMORE, MD - APRIL 28: Shown is an aerial view of the aftermath of Monday's riots on April 28, 2015 in Baltimore, Md. Crowds of people in the downtown streets of Baltimore began rioting after funeral services for Freddie Gray. Folks resorted to looting, starting fires, and confrontations with law enforcement leading to several arrests on Monday. (Photo by Ricky Carioti/The Washington Post via Getty Images) (credit:The Washington Post via Getty Images)
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BALTIMORE, MD- APRIL 27: Fireman battled a fire at N. Mount St. and Baker St. that involved several buildings late Monday night. (Photo by Michael S. Williamson/The Washington Post via Getty Images) (credit:The Washington Post via Getty Images)
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BALTIMORE, MD - APRIL 28: Protestors defy curfew and taunt police officers the night after citywide riots over the death of Freddie Gray on April 28, 2015 in Baltimore, Maryland. Freddie Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Mark Makela/Getty Images) (credit:Mark Makela via Getty Images)
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A protester rides his bike in front of a police line at North and Pennsylvania Avenues on Monday, April 27, 2015, Baltimore, MD, USA. Photo by Algerina Perna/Baltimore Sun/TNS/ABACAPRESS.COM (credit:Baltimore Sun/ABACA)
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A protester with a stolen police vest taunts Baltimore police officers on Pennsylvania Avenue during riots on Monday, April 27, 2015, Baltimore, MD, USA. Photo by Jerry Jackson/Baltimore Sun/TNS/ABACAPRESS.COM (credit:Baltimore Sun/ABACA)
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A man throws a brick at police Monday, April 27, 2015, following the funeral of Freddie Gray in Baltimore. (AP Photo/Patrick Semansky) (credit:Patrick Semansky/AP)
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A man cleans up during a protest, Monday, April 27, 2015, following the funeral of Freddie Gray in Baltimore. (AP Photo/Matt Rourke) (credit:ASSOCIATED PRESS)
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BALTIMORE, MD - APRIL 27: Officers pepper spray people near West North Avenue and Pennsylvania Avenue during a protest for Freddie Gray in Baltimore, MD on Monday April 27, 2015. Gray died from spinal injuries about a week after he was arrested and transported in a police van. (Photo by Jabin Botsford/The Washington Post via Getty Images) (credit:The Washington Post via Getty Images)
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BALTIMORE, MD - APRIL 27: Demonstrators wipe pepper spray out of their eyes near the Mondawmin Mall during violent protests following the funeral of Freddie Gray April 27, 2015 in Baltimore, Maryland. Gray, 25, who was arrested for possessing a switch blade knife April 12 outside the Gilmor Homes housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Chip Somodevilla/Getty Images) (credit:Chip Somodevilla via Getty Images)
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