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Update: Judge rules there's probable cause to charge officers for12 yr old death

Posted on 6/9/15 at 1:12 pm
Posted by NYNolaguy1
Member since May 2011
21849 posts
Posted on 6/9/15 at 1:12 pm
Has anyone ever heard of this before? Lawyers bypass DA, file complaint in court for death.

NY times




Update- Judge rules there's probable cause to charge officers with death of Tamir Rice

quote:

A judge in Cleveland ruled Thursday that probable cause existed to charge two Cleveland police officers in the death of a 12-year-old boy, Tamir Rice, but also said he did not have the power to order the arrests without a complaint being filed by a prosecutor.

This week, a group of activists and community leaders asked the Municipal Court to have the officers, Timothy Loehmann and Frank Garmback, arrested under a little-used Ohio law that allows “a private citizen having knowledge of the facts” to start the process by filing an affidavit with a court. They argued that the widely seen video of an officer killing Tamir had given nearly everyone “knowledge of the facts.”

On Thursday, Judge Ronald B. Adrine issued an order saying that probable cause existed to charge the officers, and “this court determines that complaints should be filed by the prosecutor of the City of Cleveland and/or the Cuyahoga County prosecutor.” What weight the order carries with the prosecutors is unclear.

The ruling puts prosecutors in a difficult position, deciding whether to bring charges in a high-profile case when a judge has already said that probable cause exists to do so.


NY Times
This post was edited on 6/11/15 at 6:13 pm
Posted by Slinky
Member since Dec 2013
3118 posts
Posted on 6/9/15 at 1:14 pm to
quote:

WASHINGTON — Community leaders in Cleveland, distrustful of the criminal justice system, said Monday that they would not wait for prosecutors to decide whether to file charges against the police officers involved in the fatal shooting of 12-year-old Tamir Rice last year. Instead, they will invoke a seldom-used Ohio law and go directly to a judge to request murder charges against the officers.

The highly unusual move is the latest sign that some African-Americans in Cleveland and around the country have lost confidence in a system that they see as too quick to side with police officers accused of using excessive force against blacks.

The investigation into Tamir’s shooting was handed to the county prosecutor last week, but local leaders are skeptical because of how similar cases have ended. In New York, a grand jury did not indict in the death of Eric Garner, who had been put in a chokehold by a police officer. State and federal authorities said there was no evidence to charge Officer Darren Wilson in the fatal shooting of Michael Brown in Ferguson, Mo. Last month, prosecutors said a white police officer in Madison, Wis., would not be charged for killing an unarmed 19-year-old man.

“The writing is on the wall,” said a lawyer for Tamir’s family, Walter Madison, who worked with the community leaders as they planned to seek charges. “If you look at every other instance, it ends up unfavorable to the families.”


Posted by LSU_Saints_Hornets
Uptown NO,LA
Member since Jan 2013
9739 posts
Posted on 6/9/15 at 1:14 pm to
Posted by NYNolaguy1
Member since May 2011
21849 posts
Posted on 6/9/15 at 1:16 pm to
quote:

Slinky



Posted by Volmanac
Nashville, TN
Member since May 2009
7733 posts
Posted on 6/9/15 at 1:18 pm to
Good for them.
Posted by LSUSPARKY621
Dream of Californication
Member since Mar 2007
1331 posts
Posted on 6/9/15 at 1:22 pm to
quote:

accused of using excessive force against blacks


So officers don't use excessive force against the white folk? Too much reverse discrimination going on here...
Posted by NYNolaguy1
Member since May 2011
21849 posts
Posted on 6/9/15 at 1:25 pm to
quote:

against blacks


My thoughts too. I thought the rest of article was on point though, especially about the two indictment standards.
Posted by LSU_Saints_Hornets
Uptown NO,LA
Member since Jan 2013
9739 posts
Posted on 6/9/15 at 1:26 pm to
quote:

So officers don't use excessive force against the white folk? Too much reverse discrimination going on here...



I don't think you understand what reverse discrimination means.
Posted by toosleaux
Stuck in Baton Rouge traffic
Member since Dec 2007
9498 posts
Posted on 6/9/15 at 1:28 pm to
Is this the kid that was walking around a park talking on a cellphone while pointing a pistol at people?
Posted by LSUSPARKY621
Dream of Californication
Member since Mar 2007
1331 posts
Posted on 6/9/15 at 1:29 pm to
quote:

reverse discrimination means.


So you're telling me that a white person would get the same media attention for "excessive force" as a black person?? Reverse discrimination baw
Posted by NYNolaguy1
Member since May 2011
21849 posts
Posted on 6/9/15 at 1:30 pm to
quote:

Dear Citizens,

It is very sad how miserable the lives of these self-appointed "activists, civil rights leaders, and clergy" must be. I can't imagine being so very consumed with anger and hatred. While they continue to exploit the absolute tragedy of this incident to selfishly further their agendas, they continue to ignore the FACT that a 5' 7" tall 191 pound person pulled a replica Colt 45 handgun out of his waistband as two uniformed police officers in a marked Cleveland police car were approaching him while responding to a "gun run."
Cleveland Police union really really doesnt like this
This post was edited on 6/9/15 at 1:33 pm
Posted by LSU_Saints_Hornets
Uptown NO,LA
Member since Jan 2013
9739 posts
Posted on 6/9/15 at 1:34 pm to
quote:

So you're telling me that a white person would get the same media attention for "excessive force" as a black person?? Reverse discrimination baw



Yes! White people should get the same media attention, but white people are not the ones getting shot for having toy guns. So there is no reverse discrimination. How many unarmed white people are getting killed on a regular basis?
Posted by Wtodd
Tampa, FL
Member since Oct 2013
68609 posts
Posted on 6/9/15 at 1:37 pm to
quote:

White people should

Should, yes but won't.

quote:

How many unarmed white people are getting killed on a regular basis?

How many white people are disobeying the cops orders? This is an important question.
Posted by toosleaux
Stuck in Baton Rouge traffic
Member since Dec 2007
9498 posts
Posted on 6/9/15 at 1:37 pm to
quote:

How many unarmed white people are getting killed on a regular basis?


An analysis released last week shows that more white people died at the hands of law enforcement than those of any other race in the last two years, even as the Justice Department, social-justice groups and media coverage focus on black victims of police force.

LINK
Follow us: @washtimes on Twitter
Posted by Mr. Wayne
Member since Feb 2008
10090 posts
Posted on 6/9/15 at 1:41 pm to
This incident was just a tragedy that I don't blame on anyone. The kid was most likely approaching and pulling the gun out to show them that it was fake but there is no way in Hell the officer could have known that. Gun drawn by potential suspect equals shot fired. I am sure this boy was scared and thought he was doing the right thing, but looking back it was a mistake that cost him his life. Instead of all the race baiting, we instead need to teach our youth about the proper way to act in a police officer confrontation. Telling them they hate black people is not helping, it's making it worse.
Posted by LSUSPARKY621
Dream of Californication
Member since Mar 2007
1331 posts
Posted on 6/9/15 at 1:42 pm to
quote:

White people should


quote:

Should, yes but won't.


Precisely.
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
87755 posts
Posted on 6/9/15 at 1:52 pm to
quote:

"If you look at every other instance, it ends up unfavorable to the families.”


I assume she's referring to "the facts"
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
64086 posts
Posted on 6/9/15 at 1:54 pm to
LINK

Here's the video of the incident. The police officers handled this very badly. You don't drive up with your guns blazing to a person who is allegedly armed. However, the comments on this video make me angry. Yeah, like no white person has ever been killed by a police officer.
Posted by craig8sm
Member since Jan 2015
3371 posts
Posted on 6/9/15 at 1:55 pm to
Show of hands, Who would naturally assume that this was a toy if they saw someone pull this out and start waving it around.



I don't feel bad for that little idiot. I feel bad to the officer that had to make that split second decision.

Posted by PuntBamaPunt
Member since Nov 2010
10070 posts
Posted on 6/9/15 at 1:55 pm to
is this the one were the literally drove the car into the park and immediately open fire?
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