The question — framed by a family’s unconsoled pain, a city’s unanswered concerns, an administration’s public dithering, an investigation into the Nov. 22, 2014, shooting of Tamir Rice, and more — was posed on the steps of the Justice Center this afternoon as the Rice family and their attorneys called out city and county leaders over the past four months of silence on the matter of officers Timothy Loehmann and Frank Garmback.
In speaking to the city’s residents: “We want the sympathy now to turn into support. We want that support to say to the city of Cleveland that no longer will we stay idly by, no longer will we accept that this matter is still under investigation,” attorney Walter Madison said.
It’s been five months and 12 days since the shooting. The investigation is in the hands of the Cuyahoga County Sheriff’s Office.
Throughout the press conference today, attorneys and family members referenced the fact that a video tape captures what happens before, during and after Tamir Rice’s death — much like the video that captured the shooting death of Walter Scott in North Charleston, S.C., which resulted in criminal charges against Officer Michael Slager.
Toward the end of the meeting, attorney Benjamin Crump dismissed a question about Mayor Frank Jackson being called on to step down. He said that public accountability remains the most important need amid this investigation.
This article appears in Apr 29 – May 5, 2015.
Fact: Tamir Rice was committing at least two crimes at the time he was shot :
§ 627.11 Possessing Certain Weapons at or about Public Places
(a) No person shall knowingly carry, have in his or her possession or ready at hand any BB gun, pellet gun, knife having a blade two and one-half (2-1/2) inches in length or longer, brass knuckles, cestus, billy, karate stick, blackjack, sword or saber while at or about a public place.
(b) As used in this section, “public place” means any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It also includes the front or immediate area of any store, shop, restaurant, tavern or other place of business and any grounds, areas or parks where persons would congregate.
(c) This section does not apply to officers, agents or employees of this or any other state or the United States, to law enforcement officers authorized to carry or possess deadly weapons or to persons with private or special police commissions, and acting within the scope of their duties.
(d) This section shall not apply if any weapon in division (a) of this section was part of a public weapon display, show or exhibition, or was in the possession of a person participating in an organized match, competition or practice session.
(e) It is an affirmative defense to a charge under this section that the actor was not otherwise prohibited by law from possessing the weapon, and that the weapon was kept ready at hand by the actor for defense purposes, while he or she was engaged in his or her lawful business or occupation, which business or occupation was of such character or at such a place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in having the weapon ready at hand.
(f) It is an affirmative defense to a charge under this section that the actor was not otherwise prohibited by law from possessing a knife having a blade two and one-half (2-1/2) inches in length or longer, and that either (i) the actor at the time was engaged in a lawful business or pursuit and that business or pursuit requires a knife having a blade two and one-half (2-1/2) inches in length or longer as a tool of trade or pursuit, or (ii) the knife having a blade two and one-half (2-1/2) inches in length or longer was kept ready at hand by the actor for defense purposes, while he or she was engaged in his or her lawful business or occupation, which business or occupation was of such character or at such a place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in having such a knife ready at hand.
(g) Notwithstanding the provisions of Section 601.13 and division (a) of Section 601.99, whoever violates this section is guilty of possessing certain weapons on or about public places, a misdemeanor of the first degree.
and
§ 627.19 Facsimile Firearms
(a) (1) “Firearm” shall have the same meaning as used in Section 627.01 of this chapter.
(2) “Replica or facsimile of a firearm” shall mean any device or object made of plastic, wood, metal or any other material which is a replica, facsimile or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher or any other firearm. As used in this section, “replica or facsimile of a firearm” shall include, but is not limited to, toy guns, movie props, hobby models (either in kit form or fully assembled), starter pistols, air guns, firearms that are inoperable and cannot readily be rendered operable, or any other device which might reasonably be perceived to be a real firearm.
(b) No person shall display, market for sale or sell any replica or facsimile of a firearm in the City. The provisions of this subsection shall not apply to any replica or facsimile firearm which, because of its distinct color, exaggerated size, or other design feature, cannot reasonably be perceived to be a real firearm.
(c) Except in self-defense, no person shall draw, exhibit or brandish a replica or facsimile of a firearm or simulate a firearm in a rude, angry or threatening manner, with the intent to frighten, vex, harass or annoy or with the intent to commit an act which is a crime under the laws of the City, state or federal government against any other person.
(d) No person shall draw, exhibit or brandish a replica or facsimile of a firearm or simulate a firearm in the presence of a law enforcement officer, fire fighter, emergency medical technician or paramedic engaged in the performance of his or her duties, when the person committing such brandishing knows or has reason to know that such law enforcement officer, fire fighter, emergency medical technician or paramedic is engaged in the performance of his or her duties.
(e) (1) Whoever violates division (b) of this section is guilty of unlawful sale of a replica firearm, a misdemeanor of the third degree.
(2) Whoever violates division (c) of this section is guilty of brandishing a replica firearm, a misdemeanor of the first degree.
(3) Whoever violates division (d) of this section is guilty of brandishing a replica firearm in the presence of a public safety officer, a misdemeanor of the first degree.