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Monday, November 30, 2015

New Expert Reports, Released by Rice Family Lawyers, Call Shooting Death of Tamir "Unreasonable"

Posted By on Mon, Nov 30, 2015 at 10:01 AM

click to enlarge Still from Cudell surveillance video, 11/22/2014
  • Still from Cudell surveillance video, 11/22/2014
Two new reports released Saturday night by lawyers for the Rice family call the shooting death of Tamir Rice in November, 2014, objectively unreasonable.

The reports were written by independent use of force experts from California and stand in contrast to three previous reports commissioned by County Prosecutor Timothy McGinty, which called the death of Tamir tragic, but reasonable. 

"Unlike the reports solicited by the prosecutor," said Rice attorney Subodh Chandra, "these independent reports consider all relevant facts, including the recklessness of the officers' behavior in rushing upon Tamir, the immediacy of Officer Loehmann's shots, and the fact that the officers left a 12-year-old boy bleeding and dying on the ground without first aid." 

One of the experts, Jeffrey Noble, summed up his analysis this way: 

"It is my opinion the reckless tactical decision making by Officers Garmback and Loehmann created the danger that led to use of deadly force by Officer Loehmann and absent their reckless tactics it is likely that force would not have been necessary; thus, his use of deadly force was excessive, objectively unreasonable and inconsistent with generally accepted police practices." 

Noble added that Loehmann shouldn't have been hired by Cleveland Police in the first place, and that Loehmann and Garmback showed a "callous disregard" for Tamir's life by not administering first aid. 

The other expert, Roger Clark, concurred that the shooting was "unreasonable, unjustified and entirely preventable" and that Loehmann was "unfit for duty." 

McGinty, for his part, said it was his policy to welcome "all relevant evidence" and let the Grand Jury decide. 

"This process is a wide-open search for truth," he said in a statement Saturday, echoing earlier comments about his commitment to transparency. 

Also this weekend, McGinty released a video enhancement of the shooting, capturing the events of November 22, 2014, in 326 still frames. That enhancement, conducted by a video analyst in Spokane, will be presented to the Grand Jury for evaluation, McGinty said.

The Rice family still wants McGinty out of the process, and have continued to call for a Special Prosecutor in the case. 


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