National

Judge: Enough Evidence to Charge Police in Black Boy’s Death

Published

11 years ago

June 12, 2015

This Nov. 26, 2014 file photo shows a still image taken from a surveillance video that was played at a news conference held by Cleveland Police. It shows Cleveland police officers arriving at Cudell Park on a report of a man with a gun. A judge has ruled that evidence exists to charge two police officers in the fatal shooting of a 12-year-old boy who was holding a pellet gun outside a recreation center, Thursday, June 11, 2015. (AP Photo/Mark Duncan, File)

MARK GILLISPIE, Associated Press

CLEVELAND (AP) — 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.

The judge made his ruling after activists submitted affidavits asking the court to rule there’s enough evidence to charge the officers in Tamir’s death, which has spurred protests and complaints about the treatment of blacks by police.

“This court reaches its conclusions consistent with the facts in evidence and the standard of proof that applies at this time,” the judge wrote.

The Cuyahoga County Sheriff’s Department recently completed its investigation and gave its file to the county prosecutor, whose staff is reviewing the case while preparing to take it to a grand jury to determine if criminal charges should be filed.

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.”

The killing of Tamir has become part of a national outcry about minorities, especially black boys and men, dying while in police custody. Cleveland and the U.S. Department of Justice are moving forward on a reform-minded consent decree after a DOJ investigation found Cleveland police had engaged in a practice of using excessive force and violating people’s rights.

A Rice family attorney, Walter Madison, said the judge’s ruling Thursday was “historic.”

“I think it’s a blueprint for the rest of the nation with respect to citizen participation,” Madison said. “They’re able to participate through engagement. They can witness the transparency. A transparency leads to legitimacy.”

The judge wrote in his ruling that a video of the shooting of Tamir captured by a surveillance camera is “notorious and hard to watch.” The video, which was released shortly after the shooting, shows Loehmann shooting Tamir in the abdomen within two seconds of a police cruiser driven by Garmback skidding to a stop near the boy.

The judge said he watched the video several times and was “thunderstruck” by how quickly the encounter turned deadly.

“There appears to be little if any time reflected on the video for Rice to react or respond to any verbal or audible comments,” he wrote.

Police officials have said Loehmann ordered Tamir three times to put up his hands before he shot the boy. A former police union official said officers had no way of knowing Tamir was carrying an airsoft gun that only looked like a real firearm.

The officers had responded to a 911 call reporting that a man was pointing and waving a gun at a playground outside a recreation center. The caller said the gun might not be real, but that information wasn’t relayed to the officers.

One of the activists who submitted affidavits said the judge’s ruling gives everyone a chance to “catch their breath.”

“It’s a small step forward in the fight for justice for Tamir Rice,” Rachelle Smith said. “But it isn’t justice in and of itself.”

Attorneys working with the activists acknowledged that, regardless of how a judge ruled on the affidavits, evidence would ultimately have to go to a grand jury for the case to proceed to trial. The activists used an obscure section of state law that allows private citizens to file affidavits in court alleging a crime has occurred.

An Ohio State University law professor, Ric Simmons, said it was a “troubling precedent” for a judge to weigh in on a criminal case before the prosecutor has acted.

“Given the prosecutor’s expertise and access to the evidence,” he said, “the prosecutor is in the best position to make a decision about whether to bring charges and what charges are appropriate.”

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Oakland Post: Week of December 31, 2025 – January 6, 2026

The printed Weekly Edition of the Oakland Post: Week of – December 31, 2025 – January 6, 2026

Published

2 weeks ago

January 2, 2026

Oakland Post

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2025 in Review: Seven Questions for Assemblymember Lori Wilson — Advocate for Equity, the Environment, and More

Her rise has also included several historic firsts: she is the only Black woman ever appointed to lead the influential Assembly Transportation Committee, and the first freshman legislator elected Chair of the California Legislative Black Caucus. She has also been a vocal advocate for vulnerable communities, becoming the first California legislator to publicly discuss being the parent of a transgender child — an act of visibility that has helped advanced representation at a time when political tensions related to social issues and culture have intensified.

Published

2 weeks ago

December 29, 2025

Oakland Post

Assemblymember Lori D. Wilson (D-Suisun City). File photo.

By Edward Henderson, California Black Media

Assemblymember Lori D. Wilson (D-Suisun City) joined the California Legislature in 2022 after making history as Solano County’s first Black female mayor, bringing with her a track record of fiscal discipline, community investment, and inclusive leadership.

She represents the state’s 11th Assembly District, which spans Solano County and portions of Contra Costa and Sacramento Counties.

California Black Media spoke with Wilson about her successes and disappointments this year and her outlook for 2026.

What stands out as your most important achievement this year?

Getting SB 237 passed in the Assembly. I had the opportunity to co-lead a diverse workgroup of colleagues, spanning a wide range of ideological perspectives on environmental issues.

How did your leadership contribute to improving the lives of Black Californians this year?

The Black Caucus concentrated on the Road to Repair package and prioritized passing a crucial bill that remained incomplete during my time as chair, which establishes a process for identifying descendants of enslaved people for benefit eligibility.

What frustrated you the most this year?

The lack of progress made on getting Prop 4 funds allocated to socially disadvantaged farmers. This delay has real consequences. These farmers have been waiting for essential support that was promised. Watching the process stall, despite the clear need and clear intent of the voters, has been deeply frustrating and reinforces how much work remains to make our systems more responsive and equitable.

What inspired you the most this year?

The resilience of Californians persists despite the unprecedented attacks from the federal government. Watching people stay engaged, hopeful, and determined reminded me why this work matters and why we must continue to protect the rights of every community in our state.

What is one lesson you learned this year that will inform your decision-making next year?

As a legislator, I have the authority to demand answers to my questions — and accept nothing less. That clarity has strengthened my approach to oversight and accountability.

In one word, what is the biggest challenge Black Californians are facing currently?

Affordability and access to quality educational opportunities.

What is the goal you want to achieve most in 2026?

Advance my legislative agenda despite a complex budget environment. The needs across our communities are real, and even in a tight fiscal year, I’m committed to moving forward policies that strengthen safety, expand opportunity, and improve quality of life for the people I represent.

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2025 in Review: Seven Questions for Assemblymember Tina McKinnor, Champion of Reparations, Housing and Workers’ Rights

In 2025, McKinnor pushed forward legislation on renters’ protections, re-entry programs, reparations legislation, and efforts to support Inglewood Unified School District. She spoke with California Black Media about the past year and her work. Here are her responses.

Published

2 weeks ago

December 29, 2025

Oakland Post

Assemblymember Tina McKinnor (D-Inglewood). File photo.

By Joe W. Bowers Jr., California Black Media

Assemblymember Tina McKinnor (D-Inglewood) represents

California’s 61st Assembly District.

As a member of the California Legislative Black Caucus (CLBC),

McKinnor was elected in 2022. She chairs the Los Angeles County Legislative Delegation and leads the Assembly Public Employment and Retirement Committee. McKinnor also served as a civic engagement director, managed political campaigns, and worked as chief of staff for former Assemblymembers Steven Bradford and Autumn Burke.

Looking back on 2025, what do you see as your biggest win?

Assembly Bill (AB) 628. If rent is $3,000, people should at least have a stove and a refrigerator. It’s ridiculous that people were renting without basic appliances.

I’m also proud that I was able to secure $8.4 million in the state budget for people coming home from incarceration. That includes the Homecoming Project, the menopause program for incarcerated women, and the Justice Leaders Program.

How did your leadership help make life better for Black Californians this year?

After the Eaton Fire, I pushed to get the same kind of support for affected areas that wealthier regions get after disasters.

I also did a lot of work building political power— establishing the Black Legacy PAC and California for All of Us PAC so we could support Black candidates and educate voters. We also called voters to make sure they understood Prop 50.

People need to understand this: there are only 12 Black legislators in the Capitol. Folks act like we can just walk in and pass reparations, but that’s not how it works.

What frustrated you most this year?

The governor did not have the political will to sign these bills: AB 57 and AB 62. They both passed overwhelmingly in the Assembly and the Senate. We did the work. The only person who didn’t have the political will to sign them was the governor.

The public needs to ask the governor why he didn’t sign the bills. We can’t keep letting people off the hook. He has to answer.

I also introduced AB 51 — the bill to eliminate interest payments on Inglewood Unified School District’s long-standing state loan — held in the Appropriations Committee. That was frustrating,

What inspired you most in 2025?

The civil rights trip to Alabama was life changing. We visited the Legacy Museum and the National Memorial for Peace and Justice. We took members of the Black, Latino, Jewish, and API caucuses with us. It changed all of us.

People aren’t always against us — they just don’t know our history.

What’s one lesson from 2025 that will shape how you approach decisions next year?

The legislative trip to Norway taught me that collaboration matters. Government, labor, and industry sit down together there. They don’t make villains. Everybody doesn’t get everything they want, but they solve problems.

What’s the biggest challenge facing Black Californians in one word?

Inequity. It shows up in housing, wealth, stress – all these things.

What’s the number one goal you want to accomplish in 2026?

Bringing back AB 57 and AB 62, and securing money for the Inglewood Unified loan interest forgiveness.