Issue link: https://www.epageflip.net/i/620871
ByMarkGillispie The Associated Press CLEVELAND A grand jury declined to indict a white rookie police officer in the killing of 12-year-old Tamir Rice, a black youngster who was shot while playing with what turned out to be a pel- let gun, a prosecutor said Monday. Cuyahoga County prose- cutor Tim McGinty said it was "indisputable" that the boywas gunned down while drawing the pistol from his waistband — either to hand the weapon over to police or to show them it wasn't real. But McGinty said the officer and his partner had no way of knowing that. "Simply put, given this perfect storm of human er- ror, mistakes and miscom- munications by all involved that day, the evidence did not indicate criminal con- duct by police," McGinty said. He said patrolman Timothy Loehmann was justified in opening fire: "He had reason to fear for his life." Tamir's family con- demned the decision but echoed the prosecutor in urging those disappointed to express themselves "peacefully and democrat- ically." Barricades were set up outside a Cleveland courthouse in case of pro- tests, and a few demonstra- tors gathered, holding up pictures of Tamir and oth- ers killed by police around the country. A grainy surveillance- camera video of the boy's November 2014 shooting provoked outrage nation- ally, and together with other killings of black peo- ple by police in places such as Ferguson, Missouri, and New York City, it helped fuel the Black Lives Matter movement. Tamir was gunned down by Loehmann within two seconds of the officer's po- lice cruiser skidding to a stop near the boy outside a city recreation center. Loehmann and his white training partner, Frank Garmback, were respond- ing to a 911 call about a man waving a gun. Tamir was carrying a borrowed airsoft gun that looked like a real gun but shot nonlethal plastic pel- lets. It was missing its tell- tale orange tip. The grand jury had been hearing evidence and tes- timony since mid-October. In explaining the deci- sion not to charge either officer, McGinty said police radio personnel contributed to the tragedy by failing to pass along the "all-impor- tant fact" that the 911 caller said the gunman was prob- ably a youngster and the gun probably wasn't real. Assistant Prosecutor Matthew Meyer said it was "extremely difficult" to tell the difference between the pellet gun and a real one. And he said Tamir was big for his age — 5-foot-7 and 175 pounds, with a men's XL jacket and size-36 pants — and could have easily passed for someone much older. Before police arrived, the youngster was seen repeat- edly drawing the gun from his waistband and pointing it at other children, Meyer said. "There have been lessons learned already. It should never happen again, and the city has taken steps so it doesn't," McGinty said. Among other things, the Cleveland police depart- ment is putting dashboard cameras in every car and equipping officers with bo- dycams. Also, the police depart- ment reached a settle- ment with the U.S. Justice Department earlier this year to overhaul its use of force. The settlement was prompted largely by a car chase that ended with the killing of a couple in a 137- shot barrage of police gun- fire. In a statement, Tamir's family said it was "sad- dened and disappointed by this outcome — but not surprised." It accused the prosecutor of "abus- ing and manipulating the grand jury process to or- chestrate a vote against indictment." Tamir's family charged that McGinty improperly hired use of-force experts to tell the grand jury that Loehmann's actions were reasonable. The family also said that the prosecutor al- lowed the officers to read statements to the grand jury without being subjected to cross-examination. The family renewed its request for the U.S. Justice Department to step in and conduct "a real investiga- tion." Federal prosecutors in Cleveland noted Monday that a civil rights investiga- tion into the case is already underway. In addition, Tamir's family has filed a federal civil rights lawsuit against the two officers and the city. Both officers insisted that they shouted at Tamir repeatedly to show his hands before Loehm- ann opened fire from a distance estimated at 4½ to 7 feet. Loehmann fired twice, with one shot miss- ing the boy. "With his hands pull- ing the gun out and his el- bow coming up, I knew it was a gun and it was com- ing out. I saw the weapon in his hands coming out of his waistband and the threat to my partner and myself was real and active," Loehmann told investigators. After the boy's killing, it was learned that Loehm- ann had washed out from the police force in the Cleveland suburb of Inde- pendence. Loehmann had "dismal" handgun perfor- mance, broke down in tears at the gun range and was emotionally immature, ac- cording to files. He quit the force before he could be fired. CLEVELAND Whiteofficerwon'tface charges in killing of boy JOSELUISMAGANA—THEASSOCIATEDPRESSFILE Tomiko Shine holds up a picture of Tamir Rice, the 12-year-old boy fatally shot by a rookie police officer in Cleveland, Ohio, during a protest in Washington, D.C. By Michael Tarm The Associated Press CHICAGO Chicago po- lice fatally shot a 19-year- old man and 55-year-old woman over the weekend, again putting a spotlight on one of the nation's larg- est police departments and raising questions about whether its officers are too quick to use deadly force. The double shooting, which already has led to a civil lawsuit filed Monday, follows the Nov. 24 release of video showing white officer Jason Van Dyke shooting black 17-year- old Laquan McDonald 16 times in 2014. The release of the video sparked per- sistent protests, forced the resignation of the city's po- lice chief and led to a wide- ranging civil rights investi- gation of the entire Chicago Police Department by the U.S. Department of Justice. Factsnotindispute It's clear that at least one police officer opened fire early Saturday at a two-story home on Chi- cago's West Side. Mor- tally wounded by the gun- fire was 19-year-old Quin- tonio LeGrier, who was home from college for the holidays and staying with his father in an up- stairs apartment. Also killed was 55-year-old Bet- tie Jones, who lived in the ground-floor apartment. Both were black. Police were responding to at least one 911 call about a domes- tic disturbance involving LeGrier and his father. A police statement said of- ficers "were confronted by a combative subject re- sulting in the discharging of the officer's weapon." It added the "female victim was accidentally struck." What's not known Among the many un- answered questions: How many 911 calls were made? Was one made by Quinto- nio LeGrier himself? How many officers responded? What was the race of re- sponding officers? How far away were LeGrier and Jones when police started firing? And perhaps most critically: Why did police decide to start shooting? A police spokesman has declined to comment on the circumstances of the shooting beyond the brief original statement. LeGrier's father, Anto- nio LeGrier, called police, but officers told him later that his son also had called 911 earlier, the elder LeGri- er's lawyer, Basileios Fou- tris, said Monday. A cousin of LeGrier's, Albert Person, says po- lice indicated to LeGri- er's father afterward that the teenager opened the door holding a bat as offi- cers arrived. Person, who spoke to LeGrier's father at length about the in- cident, said it appeared shots were first fired at the teenager and Jones was shot as she tried to intervene. But lawyers for the Jones family say that it may have been Jones who opened the door for police and that police opened fire soon after. Sam Adam Jr., a Jones family lawyer, says Jones and LeGrier were appar- ently shot near the door- way, but that shell casings were found some 20 feet away. He said that raised questions about whether police could have perceived LeGrier as a threat at such a distance. It couldn't be independently verified that the casings had any link to Saturday's shooting. Is there video? Video has been central to controversies surround- ing other police shootings nationwide, including the shooting of McDon- ald. Chicago authorities have not said if there is video from the dashcams of any squad cars that re- sponded to the 911 call. Adam says police appear to have checked a security video on a house across the street from where Sat- urday's shooting occurred. But it wasn't known if that camera or other security cameras in the area cap- tured the incident. LAW ENFORCEMENT Fa ta l po li ce s ho ot in g in Chicago: A closer look CHARLES REX ARBOGAST — THE ASSOCIATED PRESS FILE Chicago Mayor Rahm Emanuel, accompanied by Interim Chicago Police Superintendent John Escalante, speaks during a news conference in Chicago. 604 Main St. Red Bluff Join Us For Our Daily Breakfast Special Breakfast: 9am-11am 7daysaweek www.redblufflosmariachis.com (530) 529-5154 819 Jefferson St. Red Bluff Individual&GroupMedicalInsurance Variouscompaniestochoosefrom ~ Medical Insurance (basic&highdeductibles) ~ Dental & Vision Insurance ~ Life Insurance ~ Medicare Supplements ~ Prescription Drug Plans ~ Supplemental Insurance with AFLAC products ~ Asset Preserver SINCE 1959 Jennifer&Michelle have over 35 years combined experience in Insurance Services Call for appointment (530) 527-6761 Gaumer's Since 1967 www.gaumers.com 78 Belle Mill Road, Red Bluff, CA (530) 527-6166 ThisChristmas Show her how much she means to you. Mon.-Fri, 9am-5pm, *Saturday hours in December • Follow us on Facebook • Jewelry • Museum • Lapidary BestTireValue PROMISE ® 522AntelopeBlvd., Red Bluff (530) 529-1654 FREEWITHEVERYPASSENGERCAR AND LIGHT TRUCK TIRE PURCHASE www.lesschwab.com Allpricesplussalestax,licensefees,docfees,anyfinancecharge,anydealerpreparationcharge,anyemissioncharge,anydocumentation preparation charge, any smog fees and any tire fees. all vehicles subject to prior sale & credit approval. Sale expires Dec. 31, 2015 GrowneyMotors 1160 Main St, Red Bluff • (530) 527-1034 December Special $ 14,295 2015 NISSAN VERSA PRIORRENTAL, A/T, 4 CYL, GOOD MPG #806096 ONEAT THIS PRICE Holiday Specials MODERNCLEANERS 609WalnutSt.,RedBluff•527-4308 20 % off HOUSEHOLDSITEMS, SPREADS, COMFORTERS! Mustbepresentedwithincomingorder.Notgoodwithotheroffers Expires 12/31/15 714WalnutSt.,RedBluff Your One Stop for Holiday Spirits ONE STOP More Than Just a Gas Station! FULLY STOCKED LIQUOR STORE FD652 -BurialorCremation - Personalized Services - Pre Planning - Customized Burial Option 816WalnutSt.,RedBluff,CA (530) 527-1174 www.chapeloftheflowers.net Youcanhavepeaceofmindknowing your loved one has rested with dignity. Hoyt-ColeChapeloftheFlowers 20815DalbyLn. Red Bluff 527-5314 Where Excellence Meets Affordable No Appointment Necessary FREE Is Your Check Engine Light On? We'll Code Check it Visit us on the web at www.eliteautomotiveredbluff.com Monday-Friday 7:30-5:30 SMOG CHECK ✓ | NEWS | REDBLUFFDAILYNEWS.COM TUESDAY, DECEMBER 29, 2015 4 B