Two experts contacted by the Cuyahoga County prosecutor鈥檚 office say Cleveland police officer Timothy Loehmann鈥檚 decision to shoot 12-year-old Tamir Rice last November was reasonable.
鈥淭here can be no doubt that Rice's death was tragic and, indeed, when one considers his age, heartbreaking,鈥� S. Lamar Sims, a Colorado prosecutor, . However, he added, 鈥淥fficer Loehmann's belief that Rice posed a threat of serious physical harm or death was objectively reasonable as was his response to that perceived threat.鈥�
But Cuyahoga County prosecutors say they 鈥渁re not reaching any conclusions from these reports,鈥� and that the decision remains with a grand jury whether Loehmann should face charges in Tamir鈥檚 death.
A Rice family attorney, in an emailed statement, accused prosecutors of enlisting the experts in a 鈥渨hitewash鈥� of the case.
鈥淭hese supposed 鈥榚xperts鈥欌€攁ll pro-police鈥攄odge the simple fact that the officers rushed Tamir and shot him immediately without assessing the situation in the least,鈥� the statement reads. 鈥淩easonable jurors could find that conduct unreasonable.鈥�
In a statement accompanying the release of the reports, McGinty criticized the Cleveland Police Patrolmen鈥檚 Association, the union representing non-supervisory officers.
鈥淭he police union has taken a short-sighted position by refusing to cooperate with this investigation and others,鈥� McGinty鈥檚 statement read, 鈥渕aking it more challenging to find answers and needlessly delaying the process of justice.鈥�
Steve Loomis, the union president, responded on Sunday, saying officers have a right not to speak with investigators, .
Tamir was playing with an air gun at a Cleveland park on Nov. 22, 2014, when a 9-1-1 caller reported him to police. The caller said he wasn鈥檛 sure whether the gun was real, and also said during the call it was 鈥減robably fake.鈥�
That information wasn鈥檛 relayed to police.
When a cruiser driven by Officer Frank Garmback pulled up next to the 12-year-old, Loehmann emerged from the passenger side and fired within seconds. Tamir died in the hospital early the following day.
The shooting led to protests in Cleveland and has been under investigation for nearly a year. This is the first update in the case since the Cuyahoga County sheriff鈥檚 office released its own investigation in June.
Also in June, Cleveland Municipal Court Judge Ronald Adrine to charge Loehmann with murder and other offenses. Activists had brought the case to his courtroom by petition, a move allowable under Ohio law. But prosecutors did not act on Adrine鈥檚 decision.
