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Getty / Robert Nickelsberg
Prosecutors determined that there was insufficient evidence to press charges against Cleveland agents who were involved in the death of the 12-year-old in 2014.
Officers involved in the fatal shooting of Tamir Rice will not face federal criminal charges.
The Justice Department announced the decision on Tuesday (local time), nearly two months after closing the long-running, high-profile case.
According to Cleveland.com, prosecutors who reviewed the investigation determined that there was insufficient evidence to press charges against Timothy Loehmann and Frank Garmback, the Cleveland officers who were involved in the death of the 12-year-old in 2014.
“The government must prove beyond a reasonable doubt that the officers acted deliberately,” the Justice Department wrote in a statement announcing the closure of the case. “This high legal standard, one of the highest standards of intent imposed by law, requires proof that the officer acted with the specific intention of doing something that the law prohibits. It is not enough to show that the officer made a mistake. You acted negligently, acted by accident or mistake, or even exercised poor judgment.
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“Although Tamir Rice’s death is tragic, the evidence does not meet these substantial evidentiary requirements. In light of this, and for reasons explained below, career federal prosecutors for the Civil Rights Division and the The United States Attorney’s Office concluded that this matter is not an actionable violation of federal statutes. “
Tamir was shot and killed in November 2014 outside a Cleveland, Ohio recreation center, where he was reportedly playing with a pellet gun. Police received a report of a possible minor holding a “probably fake” gun and pointing it at passersby. Tamir’s presumed age and the belief that the weapon was probably a fake were never passed on to officers. Loehmann arrived on the scene shortly after and shot Rice in the torso. The boy died the next day at MetroHealth Medical Center.
Federal investigators supported their decision by pointing to inconsistent witness statements about the events leading up to the Rice shooting. They also said the footage from the shooting was of such low quality that it was difficult for prosecutors to determine what exactly happened.
“Officers believed they were responding to a playground where a grown man was brandishing an actual weapon against individuals, presumably including children,” the Justice Department statement continued. “The CPRC video captured the subsequent events. It is important to note that the video footage is grainy, shot from a distance, does not show detail or perspective, and parts of the incident are not visible due to the location of the patrol. Also, time-lapse footage captures roughly two frames per second at variable speed, which is unable to capture continuous action. “
Prosecutors also cleared the obstruction officers, as there were questions about whether they knowingly made false statements to investigators after the shooting. Loehmann and Garmback’s statements were found to be “generally consistent, particularly on fundamental facts.”
