Judge: Enough evidence to charge police in black boy’s death

Washington Post
By Mark Gillispie, AP | June 11, 2015 at 8:22 PM

CLEVELAND — A judge said Thursday that enough evidence exists to charge two white policemen in the fatal shooting of a 12-year-old black boy who was holding a pellet gun, a largely symbolic ruling because he can’t compel prosecutors to charge them.

Municipal Court Judge Ronald Adrine ruled there’s probable cause to charge rookie officer Timothy Loehmann with murder, involuntary manslaughter, reckless homicide or dereliction of duty in the November shooting death of Tamir Rice. And he ruled there’s evidence to charge Loehmann’s partner, Frank Garmback, with reckless homicide or dereliction of duty.

[...]
Cuyahoga County prosecutor Tim McGinty said Thursday that this case, like all other fatal use-of-deadly-force cases involving law enforcement officers, will go to a grand jury.

“Ultimately,” he said, “the grand jury decides whether police officers are charged or not charged.”

...more at link
http://www.washingtonpost.com/national/judge-enough-evidence-to-charge-police-in-black-boys-death/2015/06/11/16cb39f4-1099-11e5-a0fe-dccfea4653ee_story.html

Wow, a judge (activist) decides he needs to influence the grand jury pool before it's convened.

from CTH....

Cleveland “Black Lives Matter” Protest Crowd Fire Shots At Police During Suspect Chase…
Posted on June 14, 2015 by sundance

Very, VERY disturbing…..

(Via Associated Press) Shots were fired Sunday at Cleveland police officers in a foot chase of a suspect near the site of a boy’s fatal encounter with officers last year, police said.

Cleveland Police Chief Calvin Williams told reporters Sunday afternoon that officers responded that morning to a report of six men waving guns and a man at the scene fled police when they tried to question him. The chief said the man pointed a gun at police and an officer fired four rounds without hitting the man, who continued running.

A number of unidentified people then began firing at officers from behind as police continued chasing the man, who was apprehended a few blocks away, Williams said.

No one was shot, but the man who fled was treated at a hospital for what appeared to be a small puncture wound to his stomach, Williams said.

“We believe that wound occurred while the suspect was jumping fences,” Williams said.

...more at link
http://theconservativetreehouse.com/201 ... ect-chase/

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

From CTH...........

Tamir Rice’s Mother Fires Benjamin Crump…
Posted on June 22, 2015 by sundance

We first heard about this last week amid chatter in social media, and thanks to a link from Nivico it is now apparently confirmed – Tamir Rice’s mom, Samaria Rice, has fired Benjamin Crump as the family attorney in Cleveland.



From a local CLEVELAND article:

[…] Before the rally, Samaria Rice told Northeast Ohio Media Group that she is no longer being represented by attorneys Benjamin Crump and Walter Madison. She dropped Crump and Madison last week and retained New York lawyers Jonathan Abady and Earl Ward, her third pair of lawyers since Tamir was killed.

“I wanted to make sure Tamir’s interests were put first,” she said. “I want the best representation for Tamir and myself. I needed to be able to sleep comfortably at night without wondering if someone was making decisions without my knowledge.”

Madison is the lawyer behind a group of clergy and activists who last week filed affidavits in Cleveland Municipal Court asking a judge to find probable cause to arrest Loehmann and Garmback.

Samaria Rice said that decision was made without her.

Samaria Rice is referencing a strategy that Benjamin Crump formulated to circumvent the legal process and FORCE the local prosecutor to file charges against the police.

...more at link
http://theconservativetreehouse.com/201 ... min-crump/

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Now Crump is representing a cop who was fired for racial profiling...his co-counsel? Jose Baez.

_________________

“You just hold your head high and keep those fists down. No matter what anybody says to you, don't you let 'em get your goat. Try fightin' with your head for a change.
-Atticus Finch”

Hi renewsit..

Kinda like when stars from different bands get together and form a super-group..

Crump and Baez... Super-Daft

Actually... Baez had a bitch for a client.. but he did his job and got her off... having since seen Crump.. Baez doesnt look so bad.

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Crump excels at fundraisers and PR...not trying cases. You're right about Baez, if I were a psycho, and I'm NOT saying one way or the other, and I killed someone, he'd be the attorney I'd look up.

_________________

“You just hold your head high and keep those fists down. No matter what anybody says to you, don't you let 'em get your goat. Try fightin' with your head for a change.
-Atticus Finch”

Tamir Rice Shooting: State Patrol to reconstruct incident that left 12-year-old Cleveland boy dead

ABC/newsnet5.com | July 1, 2015

CLEVELAND - The Ohio State Highway Patrol has been asked to reconstruct the fatal shooting of a 12-year-old boy at a Cleveland recreation center.

The Cuyahoga County Prosecutor's Office requested that the OSHP reconstruct the incident as part of their investigation. The office is evaluating whether criminal charges against the officers involved are warranted.

The office will also enlist outside experts, including a use of force expert, in their investigation, the Prosecutor's Office reports.

Two Cleveland Police Officers responded to the Cudell Recreation Center in Cleveland Nov. 22, 2014 for a report of someone with a gun. One officer shot and killed 12-year-old Tamir Rice, who was found to be holding an airsoft gun.

The Cuyahoga County Sheriff's Office released its own investigation of the shooting last month and passed it on to the Prosecutor's Office.

Resource link: http://www.newsnet5.com/news/local-news/cleveland-metro/tamir-rice-shooting-ohio-state-patrol-to-recreate-incident-that-left-12-year-old-cleveland-boy-dead

Group's effort to charge 2 officers in boy's death dismissed

YahooNews.com
The Associated Press | July 10, 2015

CLEVELAND (AP) — An effort by activists to have a judge issue arrest warrants for two white police officers in the fatal shooting of a 12-year-old black boy holding a pellet gun was dismissed on Friday by an appeals court.

Ohio's 8th District Court of Appeals upheld a judge's ruling that said he lacked authority to charge the officers with crimes in the November shooting of Tamir Rice. Tamir's death was among several cases involving deadly force used on blacks that sparked national outrage and street protests.

A group of activists had submitted affidavits asking Municipal Judge Ronald Adrine to charge the officers based on a video showing an officer shooting Tamir within seconds of his cruiser stopping near the boy at a playground outside a recreation center.

The activists, calling themselves the Group of Eight, used a section of state law that says private citizens can file affidavits with a judge when they believe a crime has occurred. The law also says that if a judge determines there's probable cause, which is considered a low evidentiary hurdle, charges "shall" be filed.

The municipal judge ruled that affidavits submitted by the group and a video of the shooting were enough evidence to charge patrolman Timothy Loehmann with murder and charge Loehmann and his partner, Frank Garmback, with misdemeanors. But the judge deferred the filing of charges to prosecutors, and the activists appealed.

County prosecutors have said a grand jury will determine if charges should be filed.

...more at link
http://news.yahoo.com/groups-effort-charge-2-officers-boys-death-dismissed-211712237.html

From CTH

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Tamir Rice estate tells judge that lawyers are uncooperative, asks for their removal
By Eric Heisig, Northeast Ohio Media Group
July 15, 2015 at 11:16 PM, updated July 15, 2015 at 11:38 PM



CLEVELAND, Ohio — The administrator of Tamir Rice's estate said in a court filing Wednesday that the estate's previous lawyers refuse to withdraw from a lawsuit filed over the 12-year-old's death and asks a federal judge to remove them.

The motion says that administrator Douglas Winston sent a letter to lawyers Daryl Parks, Benjamin Crump and Walter Madison on July 9 stating that the estate has hired new attorneys.

The administrator told the lawyers that they should let him know by 3 p.m. Tuesday if they would withdraw. However, Parks and Crump, who work out of Tallahassee, Florida, and Madison, an Akron attorney, never responded, the motion states, adding that "they have not cooperated in transitioning the matter or client file to current counsel."

The motion asks Chief U.S. District Judge Solomon Oliver Jr. to remove Parks, Crump and Madison from the lawsuit and to order them to turn over all files and property regarding the manner. To not do so would violate Ohio's rules for professional conduct for lawyers, the motion says.

...more at link
http://www.cleveland.com/court-justice/ ... judge.html

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

From CTH...

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

Here's Crump's reply to the request for his firm's withdrawal from the case (...sort of)

They had Tamir Rice's father file a counter-request 1) to have the administrator of the estate removed, and 2) to allow Crump to continue representing the father.

Granted, the father is arguably a potential beneficiary of the estate and is entitled to legal representation, but he needed to obtain his own attorney. Concurrently representing the mother and the estranged father is a serious conflict of interest here because he wants a piece of the estate and she doesn't feel he deserves anything.

It's similar to attempting to simultaneously represent the best interests of both the husband and the wife in a contentious divorce... it simply can't be done.

Even if Crump withdraws from his representation of Samaria, he still has a duty of loyalty to her as the original client and shouldn't continue to represent the estranged father without her express approval and consent.

https://www.documentcloud.org/documents ... ather.html

Tamir Rice Justice Committee to present 60,000 signatures calling for charges against 2 CPD officers

newsnet5.com | Jul 17, 2015, 12:57 PM

CLEVELAND - The Tamir Rice Justice Committee is planning a march and press conference next week to present a petition to Cuyahoga County Prosecutor Timothy McGinty calling for charges against the two officers involved in the 12-year-old's death.

According to the activist group, the petition has 60,000 signatures.

The committee plans to meet July 23 at 1 p.m. at the free stamp in Willard Park. They will then go down to the Cuyahoga County Justice Center to present the petition.

Resource link: http://www.newsnet5.com/news/local-news/cleveland-metro/tamir-rice-justice-committee-to-present-60000-signatures-calling-for-charges-against-2-cpd-officers

Thanks for your comments Nivico... you seem to be keeping an eye on old Cumpster!

_________________
Do not go gentle into that good night.
___________ Rage, rage against the dying of the light

He has his fingers in so many of the high profile cases these days, it's easier to just Google 'Crump' to keep updated on them all.

Tamir Rice shooting was tragic but reasonable: prosecution experts

Cleveland.com, October 10, 2015, 8:20PM
By Cory Shaffer | Northeast Ohio Media Group

CLEVELAND, Ohio — The Cuyahoga County Prosecutor's Office released reports Saturday from two experts in use of force by police who concluded that the fatal shooting of 12-year-old Tamir Rice by a Cleveland officer was "tragic" and "heartbreaking," but reasonable given that the officer believed the boy to be armed.

The reviews are the first of many sought by Cuyahoga County Prosecutor Timothy J. McGinty as his office prepares to present to a grand jury the case that thrust Cleveland into the heart of an ongoing national conversation on police violence.

Retired Virginia FBI agent Kimberly Crawford and Denver-area District Attorney S. Lamar Sims, nationally renowned experts on police use-of-force issues, each stressed that they did not look at whether Loehmann or his partner Frank Garmback violated Ohio laws, made tactical mistakes or broke with department policy in the moments leading up to the shooting.

They only examined the constitutionality of Loehmann's decision to open fire on the boy during their two-second encounter.

"There can be no doubt that Rice's death was tragic and, indeed, when one considers his age, heartbreaking," Sims wrote in a 52-page analysis. "However, 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."

[...]
McGinty stressed that the reports released Saturday are the first of many he expects to release as he works to present the case to a grand jury, which will decide whether to indict the officers involved in the shooting.

More at link: http://www.cleveland.com/metro/index.ssf/2015/10/tamir_rice_shooting_was_tragic.html

1 arrested during Tamir Rice shooting protest at Cleveland City Council meeting
By Melissa Reid | Fox8Cleveland | October 19, 2015, 10:06PM

CLEVELAND-- Things got out of control Monday night at Cleveland City Council.

One person was taken into custody after people protesting the Tamir Rice shooting stormed the city council meeting.

Around a dozen or so protestors and activist groups met outside Cleveland City Hall ready to picket.

But that picket turned into a protest as they decided to go inside and disrupt the meeting.

The protestors and activists sat in on the meeting holding photos of Tamir Rice, as it nears one year since his death.

Monday, the protestors started chanting, expressing their frustrations on what they believe are lack of developments in the case.

They also demanded a special prosecutor.

The protestors say a 23-year-old was eventually detained then arrested for disrupting a public meeting and resisting arrest.

More at link (video): http://fox8.com/2015/10/19/1-arrested-during-tamir-rice-shooting-protest-at-cleveland-city-council-meeting/

Grand jury hearing testimony in Tamir Rice case for weeks
By Tom Beres, Tom Meyer | WKYC.com | October 27, 2015

CLEVELAND -- WKYC has confirmed that a Cuyahoga County grand jury has been hearing testimony in the Tamir Rice case over the past few weeks.

WKYC has also confirmed that some police officers and police dispatchers have been called before the grand jury over the past few weeks already.

WKYC's Tom Beres also talked to Rice family spokesman Subodh Chandra.

"We have heard nothing," said Chandra.

"The prosecutor has not informed Tamir Rice's family about the grand jury process starting," said Chandra. "For the reasons stated in counsel's Oct. 16, 2015 letter to the prosecutor, the Rice family continues to lack confidence in the prosecutor's handling of the grand jury process. The family remains disappointed by the prosecutor's failure to step aside for an independent prosecutor, and to affirm publicly that he believes there is probable cause to support criminal charges and that he's seeking an indictment, just as he normally would in other criminal cases. The family thus believes that the secret process gives the prosecutor cover for his lack of interest in bringing charges."

CPPA President Steve Loomis confirmed subpoenaed officers and dispatchers have willingly testified.

"It's our intention to make sure the constitutional process is adhered to for all our members, " said Loomis.

When asked whether officers Timothy Loehmann and Frank Garmback, the patrolmen who responded, would testify, Loomis said," I don't know. That's between them and their lawyers."
[...]
A grand jury meets twice every week. Nine grand jurors hear evidence. Seven must vote in favor of bringing an indictment.

More at link: (news video) http://www.wkyc.com/story/news/local/cleveland/2015/10/27/source-grand-jury-now-hearing-testimony-in-tamir-rice-case/74675994/

Ohio officials tell Tamir Rice prosecutor to act
By Crimesider Staff | CBS/AP | October 30, 2015

CLEVELAND - Three members of the Cuyahoga County Council sent a letter to the prosecutor overseeing the Tamir Rice case on Friday asking him to seek an indictment in the shooting death of the 12-year-old, or turn the case over to a special prosecutor.

Three out of 11 council members sent the letter to Prosecuting Attorney Tim McGinty to "express our concern about the ongoing investigation into the death of Tamir Rice."
[...]
Rice's family has called for a special prosecutor to take over the case.

A grand jury began hearing testimony in the case on Monday, but the council members say in their letter that they want McGinty to seek an indictment himself, if sufficient evidence exists.

"To abdicate your prosecutorial responsibilities to a grand jury would be highly unusual, and to do so in this instance would be a disservice to the family of Tamir Rice and the concerned citizens of Cuyahoga County."

More at link: http://www.cbsnews.com/news/ohio-officials-tell-tamir-rice-prosecutor-to-act/