An Ohio Grand Jury has declined to indict two police officers in the death of Tamir Rice, a 12-year-old boy who was shot dead by a Cleveland police officer last year, Cuyahoga County Prosecutor Timothy McGinty said today.
McGinty said he also recommended that no charges be filed.
Tamir was holding a toy gun when he was shot by officer Timothy Loehmann at a Cleveland playground in November 2014. The grand jury was hearing evidence to determine if any charges would be brought against Loehmann or his partner, Frank Garmback.
McGinty said that the law gives the benefit of the doubt to officers who must make “split second” decisions when they believe their lives are in danger.
Loehmann “had reason to fear for his life,” McGinty said, citing video of the shooting that he said was “indisputable” that Tamir was reaching for his gun as the police car approached and Loehmann exited.
McGinty said it would be unreasonable for the law to require the officers to wait to determine if the gun Tamir had was real.
“It became clear” that the officers’ actions were not criminal, McGinty told reporters.
McGinty called Tamir’s death a “tragedy” but not a crime. He said charges against the officers wouldn’t bring justice for Tamir.