Tamir Race
Tamir Race

Tamir Rice was like any other child, playing an imaginary scenario in his head with a toy gun at a Cuyahoga County Park in Cleveland, Ohio sometime in November 2014. No one was outside within viewing distance. As a precautionary measure, a concerned citizen called the police, stating that a young boy was probably just playing with a toy gun but that this should be verified. The dispatcher assigned officers to check the scene without informing them about the probability of the gun being a toy. The officers arrive and within two seconds the child was fatally shot by a novice officer who had been fired from a previous position because of his lack of sound judgment under duress. The older sister leaves a class setting to assist her brother while he is losing his life. No one was helping the child. She was detained, cuffed and placed in the police car while she knew her beloved brother was in trouble. Then the police officers detail their story along the lines that they had to shoot the child to protect other folks (nonexistent)  in the surrounding area after they had shouted at the child to put down his gun (which could not have happened within 2 seconds). There is a video to prove that they were lying.


The prosecutor Timothy McGinty is the elected prosecutor who from the beginning attempted to derail this investigation from being fairly executed. He just went through whatever motions and procedures that had been used in the past to obtain the results he wanted. His bias prevented him from conducting a truly independent review of this case. Mr. McGinty announced publicly to the press that he had recommended to the grand jury, that they not bring charges against Officer Timothy Loehmann which they complied with on 12/28/15.

Mr. McGinty at the podium
Mr. McGinty at the podium

Yes, the Prosecutor Tim McGinty is up for re-election. His challenger, Michael O’Malley has been highly critical about his rival’s handling of the Tami Rice case. On 12/28/15, Vince Grzegorek wrote his blog in the Cleveland Scene Weekly, titled, ” Michael O’Malley, Challenger in Prosecutor’s Race Against Tim McGinty, Blasts McGinty’s Handling of Tamir Rice Grand Jury.” Here are the excerpts:

“Democrat Michael O’Malley — former deputy to Bill Mason and current safety director of Parma — is running against Tim McGinty in the Democratic primary in the Cuyahoga County Prosecutor’s race. Here’s his quick thoughts on today’s announcement that a grand jury declined to indict the officers who killed Tamir Rice and how McGinty has handled the grand jury.”

Memorial in the Cleveland park where Tamir Rice was fatally shot by police officers who mistook the 12 year old's toy gun for a real gun, Dec. 4, 2014. The Justice Department announced on Thursday that a two-year investigation found a pattern of unreasonable and unnecessary use of force by police in Cleveland. (Ty Wright/The New York Times)
Memorial in the Cleveland park where Tamir Rice was shot by police officers (Ty Wright/The New York Times)

“I would say this,” O’Malley says. “It’s a tragic situation for all involved. I think Prosecutor McGinty’s handling of the entire affair leaves a lot to be desired. It’s a process that took far too long — far too long for the family and for the officers involved.”

“Without knowing all the facts like the grand jury and Prosecutor McGinty,” he says, “all I can say is that it took far too long and it left a lot to be desired. McGinty can write a book on how not to present a police shooting to a grand jury. His drip by drip public releases put additional pressure on the grand jurors. Much of what we saw over the last few weeks, a lot of it was carefully calculated and politically motivated, I think, with the timing of the releases.”

tamir rice Jelani-Tamir-Rice-and-Americas-Tragedy-1200

“I think the process by which grand jurors hear cases in Ohio is a process that has been developed through centuries, not weeks or years. And while I think there can be ways to improve the system, and we should look at them, the drip by drip release of information put additional pressures on the grand jurors. They had a very difficult decision and that decision was heightened and maybe prejudiced by the nature and timing of the reports that were released. I think the grand jurors did the best they could.”

“Quite frankly,” he says, “this could have been wrapped up weeks ago. I think (McGinty) delayed it until after the (Cuyahoga County Democracts’) endorsement meetings.”

“Those meetings happened earlier this month.”

“I feel for the Rice family and it’s been a rough road for the officers too,” O’Malley says. “The Rice family will never be the same with the loss.”


  1. It is tragic but have all these people seen picture of the gun ? I can’t see how anyone could tell the difference from afar as they look real not as toys. That probably had a lot to do with it not guilty but certainly such a momentary time between arrival by cops and shoot time is so very very brief. Then with all the shootings around the country cops seem to need to act quickly to prevent others from getting shot. That alone has the be driving police mentality. I am sensitive to the matter because there are very many “bad shootings” of young black male with very questionable cause in Miami. Some never seem to get investigated for years because of all kinds of administrative and government maneuvers. .


    • The facts include that the observer called 911 to describe Tamir as a young person with probably a toy gun. This non-trained civilian was able to make an accurate assessment from a distance while looking through a window. The officers who answered the dispatcher’s call went against protocol and training when one drove in close to Tamir and then the other proceeded to shoot him with 2 seconds. These actions are followed up by the lies that there were others nearby in imminent danger and that Officer Loehmann had yelled 3 separate times for Tamir to drop his gun.

      As per proper protocol, the police cruiser should have been positioned at a greater distance from Tamir to assure their own safety, while one called for back up and then there would have been time to make an assessment.

      The gun looking real is one consideration but there were other factors which require well.

      The following is from a 12/2/14 article:

      “Hubert Williams, 30-year police veteran and former president of the Police Foundation, said Garmback should not have pulled the police car so close to where Tamir was standing if they believed he was armed — as they were told by a 9-1-1 dispatcher.”

      “By doing so, Garmback put Loehmann in a more vulnerable position to be shot by Tamir, in turn making it more likely that he would fire his own gun in self-defense, Williams said.”

      “Pulling up to a scene where an individual had a gun is somewhat problematic,” Williams said. “If a guy has a real gun, you’re definitely pulling into the line of fire.”

      “Experts also expressed concern about whether Loehmann followed protocol for verbally commanding Tamir to drop his weapon.’

      “Police said at a press conference that Loehmann called out for Tamir three times to drop his gun before he opened fire. However, the video shows Loehmann firing his gun within seconds of coming into contact with Tamir, and Williams said it looks like no verbal commands were given.’

      “Thomas Aveni, executive director of the Police Policy Studies Council, a research-based consultation corporation based out of New Hampshire, also questioned why the officers got so close to Tamir so quickly. He said the poor quality of the video makes it difficult to create an accurate account of what transpired, but the officers may have shouted the commands through an open window.”

      “Williams said approaching Tamir from a distance would have not only put the officers at an advantage for firing at Tamir if he was a threat to them, but also would have given them an opportunity to communicate with the boy.”

      “It occurred too soon, and that’s going to be the biggest problem that the city of Cleveland is going to be faced with,” said Williams.”


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