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Tamir Rice shooting: Cleveland community leaders seek arrest warrants for 2 police officers

A group of activists, clergy and attorneys went to a Cleveland court to try to get two white police officers charged in the fatal shooting of a black 12-year-old boy holding a pellet gun, but a legal expert and even the attorneys pushing for the action say that the case must go through a grand jury to obtain a felony indictment against the officers.

Group's request wouldn't be meaningful as cops would be released on bail bonds, law professor says

Walter Madison, an attorney representing the Rice family, addresses the media outside of a Cleveland courthouse Tuesday with a group calling for the arrests of two police officers who were involved in the shooting death of 12-year-old Tamir Rice last November. (Marvin Fong/The Plain Dealer/Associated Press)

A group of activists, clergy and attorneys went to a Cleveland court Tuesday to try to get two white police officers charged in the fatal shooting of a black 12-year-old boy holding a pellet gun, but a legal expert and even the attorneys pushing for the action say that the case must go through a grand jury to obtain a felony indictment against the officers.
 
The group filed affidavits in Cleveland Municipal Court asking that a judge rule there is probable cause to charge and arrest the officers in the Nov. 22, 2014, death of Tamir Rice outside a recreation centre. Rice was shot within two seconds of a police cruiser skidding to a stop near him.
 
The filing is based on an obscure section of Ohio law that allows private citizens who are aware of criminal activity to seek charges in court. A Cleveland law school professor said Tuesday that the group's effort does not "substitute for the grand jury."

Lewis Katz of the Case Western Reserve University Law School said that while he understands the frustration and impatience of Rice's family and others, the court filing is more about making headlines than the pursuit of justice. Charging the officers, he said, would be more symbolic than substantive. If the officers were arrested, Katz said, it's likely they'd be quickly freed on bail bonds.

"It would not be a meaningful victory," Katz said.

Tamir Rice was fatally shot by a Cleveland police officer outside of a recreation centre in 2014. The officers were responding to a 911 call by a person who said the gun could be a toy. (Facebook)

Group members held a news conference in front of the Cuyahoga County Justice Center that focused on what they perceive as delays in prosecuting Rice's case and long-existing problems of black people and minorities receiving unequal, abusive and sometimes deadly treatment from police. They also discussed how officers largely go unpunished when they kill or maim someone. Several speakers questioned whether rookie patrolman Timothy Loehmann would have shot Rice had the child been a white person.

Loehmann and partner Frank Garmback, who was driving the cruiser, were responding to a 911 call about someone pointing and waving a gun on a playground outside the recreation centre. The caller said it was scaring him, but conceded that the gun could be a toy.
 
"We're saying there's enough probable cause to charge them with a crime that we've identified," Cleveland civil rights attorney and National Association for the Advancement of Colored People official Michael Nelson said earlier Tuesday. Charges against Loehmann and Garmback could range from aggravated murder, a first-degree felony, to negligent homicide, a first-degree misdemeanor, Nelson said.
 
Nelson and others said police officers should receive the same treatment as any of the thousands of people whose criminal cases cycle in and out of county court each year.

The group's court filing comes less than three weeks after a judge in Cleveland acquitted a white patrolman charged with voluntary manslaughter in the 2012 deaths of two black suspects after a high-speed chase. The prosecution of Michael Brelo in that case is a credit to Cuyahoga County prosecutor Tim McGinty, who was willing to take a use-of-force case against a police officer to trial, Katz said.

The city asked the Cuyahoga County sheriff's department to investigate Rice's shooting in January. The sheriff said last week his office had completed the investigation and had given county prosecutors the case.

A spokesman for the Cuyahoga County prosecutor's office said Tuesday that the investigation isn't finished and evidence along with expert analysis will be presented to a grand jury when the probe is completed.

The head of Cleveland's largest police union issued an incendiary statement Tuesday about the group's effort to have the officers charged and arrested.
 
"It is very sad how miserable the lives of these self-appointed activists, civil rights leaders and clergy must be," wrote Steve Loomis, president of the Cleveland Police Patrolmen's Association, adding: "Civilized society cannot permit the rule of law to be subverted by mob rule."

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