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Thread: City of Cleveland Argues Tamir Rice Caused Tamir Rice Shooting

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    Elite Member witchcurlgirl's Avatar
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    Default City of Cleveland Argues Tamir Rice Caused Tamir Rice Shooting

    City of Cleveland Argues Tamir Rice Caused Tamir Rice Shooting

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    In court documents filed Friday, the City of Cleveland formally denied responsibilityfor the police shooting of 12-year-old Tamir Rice, arguing his death was "directly and proximately caused" by his own actions.


    Responding to the Rice family's wrongful death lawsuit, the city listed 20 defenses against their claims, saying, in part, that "all injuries, losses, and damages complained of" were a result of Rice's failure to "exercise due care to avoid injury."


    According to that lawsuit, police acted "unreasonably, negligently [and] recklessly" when they shot the boy carrying an airsoft gun in a Cleveland park last November. As evidence of the city's negligence, the suit cites the Justice Department's recent report on excessive force by Cleveland police and the hiring of Rice's shooter, previously assessed by another police force as unfit for duty.

    Attorney Walter Madison, who represents the Rice family, reaffirmed his belief in the lawsuit's merit Friday, telling The Plain Dealer, "I do believe that a 12-year-old child died unnecessarily at the hands of Cleveland police officers and I do believe that certain officers shouldn't have been entitled to wear the uniform."
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    Elite Member Brookie's Avatar
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    One of the saddest things I've ever seen. That poor little guy.
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    Elite Member greysfang's Avatar
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    Judge: Probable cause to charge Cleveland officers in Tamir Rice case

    By Dana Ford, CNN

    Updated 6:12 PM ET, Thu June 11, 2015


    (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.

    (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.

    His ruling is not binding and does not constitute an indictment. It is up to prosecutors to determine how to proceed.

    "This case, as with all other fatal use of deadly force cases involving law enforcement officers, will go to the Grand Jury. That has been the policy of this office since I was elected," Cuyahoga County Prosecutor Timothy McGinty said in a statement after news of the judge's decision broke. "Ultimately, the Grand Jury decides whether police officers are charged or not charged."

    Tamir had been playing in a park near his home with a pellet gun when he was shot on November 22. The boy died a day later.
    A witness called 911, reporting there was "a guy with a pistol," adding that the weapon was "probably" fake.

    That information -- that the gun the caller saw was probably not real and that the person holding it appeared to be a juvenile -- was not conveyed to Loehmann and Garmback, according to recordings that law enforcement released.

    Video of the incident shows the two pull up on the snowy grass near a gazebo where Tamir is standing. Within two seconds of exiting the police car, Loehmann shoots the 12-year-old.

    The killing made international headlines and stoked outrage across the United States as the nation reeled from police-involved shootings of unarmed African-American men. Tamir Rice was black.

    Judge: Probable cause for charges in Tamir Rice case - CNN.com
    Its about time something happened, now the grand jury better not fuck it up.
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