AOL – by MARK GILLISPIE and JOHN SEEWER
The family of a 12-year-old who had a pellet gun when he was shot by a Cleveland police officer filed a wrongful death lawsuit Friday, saying two officers acted recklessly when they confronted the boy in a terrifying manner and fired within seconds.
The federal lawsuit filed against the city and the two officers also said the officers waited four minutes before anyone provided medical help to Tamir Rice after he was shot outside a city recreation center.
Surveillance video released by police shows Tamir being shot within 2 seconds of a patrol car stopping within a few feet of him at a park on Nov. 22. It shows the boy reaching in his waistband for what police later discovered was an airsoft gun, which shoots nonlethal plastic projectiles. He died the next day.
Police were responding to a 911 call about a gun at a playground. The officers had a chance “to safely initiate their encounter from a safe distance but instead stopped their cruiser immediately next to young Tamir,” the lawsuit said.
Police have said rookie officer Tim Loehmann believed the boy had a real firearm. The officer’s father has said his son had no other choice. A grand jury will consider whether charges are merited.
“Young boys playing with replica guns are commonplace in America and police are expected to approach them safely if an investigation is warranted, not shoot them dead within two seconds,” said the lawsuit filed in U.S. District Court. It seeks unspecified monetary damages.
Tamir was alone and not pointing the pellet gun at anyone when the officers arrived, the lawsuit said.
A spokesman for the city declined to comment on the lawsuit. Court documents did not list the name of Loehmann’s attorney.
The shooting has sparked protests across Cleveland.
About 75 people chanting “no justice, no peace” and “hands up, don’t shoot” marched through downtown Friday afternoon and briefly blocked traffic on a bridge that crosses the Cuyahoga River. Police officers diverted traffic as protesters lay in the street.
On Thursday, the U.S. Justice Department released findings from a nearly two-year investigation of Cleveland police, which found its officers use excessive and unnecessary force far too often.
The report did not look into Tamir’s death, but U.S. Attorney General Eric Holder, while announcing the report’s findings, said that the deaths of young blacks, including in New York City and Ferguson, Missouri, have raised urgent national questions about the sense of trust between police and communities.
Loehmann joined Cleveland police in March after spending six months in 2012 with the police department in suburban Independence.
The lawsuit noted that personnel files released earlier this week showed that police supervisors in Independence decided Loehmann lacked the maturity needed to work in their department. A letter in his file said there was a pattern of a lack of discretion and not following instructions.
“In law enforcement there are times when instructions need be followed to the letter, and I am under the impression Ptl. Loehmann, under certain circumstances, will not react in the way instructed,” the letter said.
Loehmann resigned from the Independence Police Department in December 2012 after meeting with his supervisors about their concerns.
“Surveillance video released by police shows Tamir being shot within 2 seconds of a patrol car stopping within a few feet of him at a park…”
Now why would the cops tell on themselves?
Unless they’re TRYING to start a race war.
“Now why would the cops tell on themselves?”
It’s no accident that we’re seeing these videos. They’re instilling fear, and with everyday that passes in which the people do nothing about murderous pigs, what’s happening is that they’re getting used to the fact that it’s okay for cops to kill people now.
And as each sadistic pig is let off the hook, Americans learn that there’s nothing they can do about it expect fear the police. It’s not about one murder or another; It’s about conditioning the entire population.
Exactly, JR.
Seems to be working to a certain degree.
This was a tough one to swallow. How the hell do you shoot a little boy playing with a pellet gun?
Same way you shoot a handcuffed person who is no real threat.
Same way you shoot and kill a person like James Boyd in Albuquerque for sitting all by himself in a park and not bothering anyone.
This had to be an intentional act to spark outrage and throw the “race” card on the table. They step out of the squad car and start blazing away within 2 seconds? WTF? As the article states, the police approached the scene in the most dangerous way they could instead of stopping at a distance to ascertain the threat level. But that would make too much sense. I guess there are departmental procedures that preclude the possession of any common sense to be hired for law enforcement.
Nothing special about this murder. The jury will find that the pig acted “within departmental guidelines”, and it will all be swept under the rug. It’s just another case of another murderous pig who will undoubtedly claim that he was in fear for his life.
Some people will always cling to the hope of their being some remnant of justice left in this country. I hope they wake up before they die of stupidity.
Is it time to bring the fight to those that commit acts such as this?
They are not gods , they bleed and feel pain and die just like the rest of us
Why do we all stand for it and likely let it go as time moves on? Why?
Just questions I have no certain answer for
I feel for all those in this position , no matter race , creed, or gender
Is it time to take our republic back yet?