National

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

Published

9 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 October 30 – November 5, 2024

The printed Weekly Edition of the Oakland Post: Week of October 30 – November 5, 2024

Published

21 hours ago

November 1, 2024

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New Filing: Trump’s Attempts to Overturn 2020 Election Were Part of Private Scheme, Not Official Acts

NNPA NEWSWIRE — The filing reveals the extent of Trump’s interactions with figures such as attorney Rudy Giuliani and other senior officials, some of whose names were withheld. Trump persisted with a plan to undercut Joe Biden’s victory despite numerous warnings from people in his circle that his claims of a stolen election were untrue.

Published

4 days ago

October 29, 2024

Oakland Post

Jack Smith during a statement regarding the indictment of Donald J. Trump. (Wikimedia Commons)

By Stacy M. Brown, NNPA Newswire Senior National Correspondent
@StacyBrownMedia

Special Counsel Jack Smith has delivered a powerful legal blow to former President Donald Trump, unveiling new evidence that the twice-impeached Trump’s efforts to overturn the 2020 election results were part of a private scheme rather than actions taken in his official capacity as president.

In a 165-page legal brief unsealed Wednesday, Smith provided new details about Trump’s behind-the-scenes maneuvers to subvert the election, including pressure campaigns targeting key officials, attempts to create false electors, and private discussions with his vice president, Mike Pence.

The filing reveals the extent of Trump’s interactions with figures such as attorney Rudy Giuliani and other senior officials, some of whose names were withheld. Trump persisted with a plan to undercut Joe Biden’s victory despite numerous warnings from people in his circle that his claims of a stolen election were untrue.

Smith’s brief is part of a broader strategy to prove that Trump can face trial for his actions, even after a Supreme Court ruling granted him immunity for official acts as president. The special counsel argues that Trump’s efforts to enlist Pence in blocking Congress’s certification of the election results were part of a private, illegal campaign to retain power, not part of his official duties.

“At its core, the defendant’s scheme was a private criminal effort,” Smith wrote in the filing. “In his capacity as a candidate, he used deceit to target every stage of the electoral process.”

The document provides new evidence of Trump’s attempts to sway election officials in critical swing states to alter the results in his favor. The brief quotes a lawyer advising Trump, who gave an “honest assessment” that his claims of widespread fraud would not withstand scrutiny in court. Yet, Trump dismissed the warning. “The details don’t matter,” Trump said, according to the filing.

Further, the brief recounts private conversations between Trump and Pence, in which Pence urged Trump to accept defeat and consider another run in 2024. Trump, however, expressed reluctance, saying, “2024 is so far off.”

Smith’s filing depicts Trump’s actions as part of a desperate and illegal campaign to remain in power after losing the 2020 election. The brief also points to Trump’s reliance on Giuliani and other private allies in his election subversion attempts, asserting that none of these efforts fell under the scope of presidential duties.

“The defendant asserts that he is immune from prosecution for his criminal scheme to overturn the 2020 presidential election because, he claims, it entailed official conduct,” the filing reads. “Not so. Although the defendant was the incumbent president during the charged conspiracies, his scheme was fundamentally a private one.”

A sealed appendix to the legal brief contains FBI interviews, search warrant affidavits, and grand jury testimony that might soon become public. Smith’s filing builds on the indictment released last year, expanding the evidence and reinforcing the argument that Trump’s conduct was criminal and not shielded by presidential immunity.

Smith concluded the brief with an explicit request to the court: “The government respectfully submits that the defendant’s conduct described in this motion is not subject to presidential immunity and that he should face trial for his private acts of subversion.”

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Special Interview: Rep. Barbara Lee Discusses Kamala Harris’ Plan for Black Men

On Oct. 16, California Black Media (CBM) spoke with Harris-Walz campaign surrogate, Congresswoman Barbara Lee (D-CA-12), who shared more insights on Harris’ agenda and the importance of securing the Black Male vote. “She has said very clearly that she wants to earn the vote of everyone. And that means earning the vote of Black men,” said Lee of Harris. “She understands the systemic and historic challenges that Black men have. You haven’ t heard of a presidential candidate coming up with a concrete actual plan and policy agenda.” The agenda includes five focus areas based on insights she gleaned from hosting discussions with Black men during her Economic Opportunity Tour.

Published

5 days ago

October 28, 2024

Oakland Post

(File Photo) U.S. Congresswoman Barbara Lee (D-13-Oakland) chides Justices on the Supreme Court of the United States for voting to strike down Affirmative Action. She is shown here speaking in front of the California Reparations Task Force in Oakland on May 6, 2023. CBM photo by Antonio Ray Harvey. By Edward Henderson, California Black Media

By Edward Henderson, California Black Media

Last week, the Kamala Harris campaign released its Opportunity Agenda for Black Men.

“She has said very clearly that she wants to earn the vote of everyone. And that means earning the vote of Black men,” said Lee of Harris. “She understands the systemic and historic challenges that Black men have. You haven’ t heard of a presidential candidate coming up with a concrete actual plan and policy agenda.”

The agenda includes five focus areas based on insights she gleaned from hosting discussions with Black men during her Economic Opportunity Tour:

Provide 1 million loans that are fully forgivable to Black entrepreneurs and others disadvantaged groups to start businesses.
Champion education, training, and mentorship programs that help Black men get good-paying jobs in high-demand industries It will also develop more accessible pathways for Black men to become teachers.
Support a regulatory framework for cryptocurrency and other digital assets so Black men who invest in and own these assets are protected.
Launch a National Health Equity Initiative focused on Black men that addresses sickle cell disease, diabetes, mental health, prostate cancer, and other health challenges that disproportionately impact them.
Legalize recreational marijuana and creating opportunities for Black Americans to succeed in this new industry.

“[Vice President Harris] knows that Black men have long felt that too often their voice in our political process has gone unheard and that there is so much untapped ambition and leadership within the Black male community,” the language in the agenda states. “Black men and boys deserve a president who will provide the opportunity to unleash this talent and potential by removing historic barriers to wealth creation, education, employment, earnings, health, and improving the criminal justice system.”

Diving into Harris’ agenda, Lee says, reminded her of her own record of supporting Black men over the years as an elected official. In the 90’s, she established the first California Commission on African American Males through which she pressured the state to address urgent economic, health and social challenges specific to Black men.

“No group of people are a monolithic group of people,” said Lee She’ s not taking any vote for granted. I’ve known her over three decades and I believe she is being herself. She’ s authentic,” Lee added.

Each of the 5 key points addressed in the Harris Campaign’s agenda, Lee says, has additional clauses that can potentially help Black men and their families thrive. This includes lowering rent; up to $25,000 in downpayment help for first time homebuyers; and cutting taxes for Black men in lower-wage jobs by increasing the Earned Income Tax Credit maximum to $1,500.

“I think the messages is one of empowerment for Black men — regardless of whether they’ re a blue-collar worker, if they’ re not working, if they’ re in business, if they’ re an entrepreneur, whatever background or whatever they’re doing or experiencing life. I think the authenticity of their experience can only be articulated through them,” said Lee.