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Tamir Rice update: Police shooting being called ‘objectively reasonable’ by experts

Image Source: Cuyahoga County Prosecutor’s Office

Image Source: Cuyahoga County Prosecutor’s Office

The trial for the police officer who fatally shot 12-year-old Tamir Rice for playing with a toy gun is off to a bad start. The defense team for officer Timothy Loehmann is pulling out expert witnesses who are doing their best to prove that the shooting of the unarmed child was justifiable and reasonable. At issue is whether the officer acted reasonably by shooting Rice seconds after the officer arrived at the scene. The first indication that a setup for the officer’s exoneration is underway came from two reports prepared on behalf of Cuyahoga County prosecutor Timothy J. McGinty.

The first report was prepared by S. Lamar Sims, whose resume lists him as a senior chief deputy D.A. in Denver, Colorado. It is noted that in Sims’ report Rice’s toy gun is referred to as a real gun throughout. By quoting case law and the perspectives of a police officer, it soon becomes clear why Sims concluded, “There can be no doubt that Rice’s death was tragic and, indeed, when one considers his age, heartbreaking. However, for all of the reasons discussed herein, I conclude that Officer 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.”

A second report prepared by retired FBI agent Kimberly A. Crawford states, “Based on the proceeding discussion, and in light of my training and experience, 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.”

A new video analysis purports to show that Rice was reaching for a pellet gun when the police officer gunned him down. The new video was taken from the surveillance camera at the Cudell Recreation Center in Cleveland, Ohio, Nov. 22, 2014. There is nothing new in video; however, there is a selected video frame that shows Rice’s shoulder and arm move upward when a police vehicle speeds into the scene. This evidence is being presented to a now seated grand jury to prove that Loehmann feared his life and was in danger when he shot Rice.

Rice’s family is justifiably outraged at the suggestion by the prosecutor’s office. The family has repeatedly asked for a special prosecutor to be appointed to the case and that McGinty be removed. So far, all the reports have been stating that the shooting was “objectively reasonable,” but statements by McGinty intimating that the Rice family has “economic motives” in their pursuit of justice have many feeling that the officer will not be prosecuted for murder.



4 Comments

  1. Whiteguy on December 1, 2015 at 8:16 pm

    This analysis was known about long ago.

    Pants up don’t loot

    White lives matter!

    What would you like a white person to give you today?

    #BlackLivesMatterOnlyWhenWavingGunsInTheParkAlaGangsterStyle

  2. cupcake333 on December 2, 2015 at 12:12 pm

    white live matter i quest thats their point , cause nothing else matter to them. this child could have been white” and i bet you they would not have gunned him down , can you imagine that type of death? even for a grown up is unthinkable , someone is shooting you down. and all you ever been told is gun are toys., but you see one pointed at you by men you dont understand will kill you if you move. . HOW WAS TAMIR TO KNOW the threat of a toy., cops should be thinking toy posibly know how to identify a teen versus a grown man. no one shot adam lanza down , they allowed him to kill hiself , but they felt bad for him” after he just killed 20 people .would they shot him if they knew 20 bodies were in that building dead??????? so why did tamir get shot for just standing there? with a item> that could have been a toy .. black people lives do not matter , no one should purposely take a life unless that person try to kill you … if a person fires on you then you may can shoot , how the hell do these cops get to shoot at unarm men and men who never shot at them .or threaten them . the DA screwed this up and the police dept backed them , as due the courts and lawyers

    • Whiteguy on December 3, 2015 at 9:21 pm

      If he was white, and did what he did, the whites would not make excuses for him. Just like white criminals,we whites say throw them in jail and throw away the key. We don’t like parole, or repeat offenders. Leave them in jail and treat them poorly while in there. But hey blacks just want to make excuses for everyone for everything so keep protesting. We will keep shopping and going about our business.

      You may want to read up on the laws. Read some concealed carry laws. You do not have to wait for someone to fire on you, you can legally shoot first if you have a “forcible felony” applied to you or someone else. You can fire first and stop the forcible felony. For instance..I walk past an alley and see a man raping and beating a woman. I can shoot him dead no charges. Even if he has no weapon, even if he is no threat to me. Legally his crime against the woman is enough to allow me to shoot him. The description you have at the end of your post is just not how the laws are written. Obviously that is not the same situation as police procedure but you just do not understand how situations are defined and what the law allows for.

    • Whiteguy on December 3, 2015 at 9:27 pm

      And honestly, about the Adam Lanza case, long before he killed he was diagnosed with several mental problems and his mother had a ton of money. More than enough to get him proper treatment. Instead she introduced him to guns as a hobby and that was a wrong direction. He killed her first, rightly so as she made the wrong decision, and then he killed himself as the police closed in after killing innocent souls. I don’t make excuses but if a person is out of their mind and cannot figure right from wrong, that should be looked at differently than some teen shooting another teen because he had a fancier set of sneakers on.