The Cuyahoga County Prosecutor鈥檚 office today released the Sheriff鈥檚 Department investigation into the death of Tamir Rice last November. The report points out that the investigative team 鈥渉as not, and will not, render any opinion of the legality of the officers鈥� actions.鈥� The 224 page report was handed over to Prosecutor Timothy McGinty earlier this month.
In a written statement, McGinty says he is releasing the report in an effort to provide transparency. 鈥淚f we wait years for all litigation to be completed before the citizens are allowed to know what actually happened, we will have squandered our best opportunity to institute needed changes in use of force policy, police training and leadership.鈥�
He reiterated his plan to present evidence from the investigation to a grand jury which 鈥渦ltimately makes the final decision鈥hether criminal charges are warranted.鈥�
At approximately 3:30 pm on November 22, 2014, twelve year old Tamir Rice was shot by Cleveland police officer Timothy Loehmann. The following are details from the Cuyahoga County Sheriff鈥檚 investigative report.
- At 3:22 pm, a 911 call reported a male with a 鈥減istol鈥� outside the Cudell Recreation Center on the west side of Cleveland . The caller said that the male was pulling the gun in and out of his pants. He added that the male could be a 鈥渏uvenile鈥� and that the gun was 鈥減robably fake鈥� but he 鈥渃ouldn鈥檛 tell if it was real or not.鈥�
- Dispatch informed Cleveland police officers Frank Garmback and Timothy Loehmann that at 鈥�Cudell Rec Center鈥� there鈥檚 a black male sitting on a swing鈥� pulling a gun out of his pants and pointing it at people.鈥�
- The Sheriff鈥檚 report describes the encounter: 鈥淎s the ZC (zone car) came to a stop, Officer Loehmann exited the vehicle. Video surveillance shows RICE pulling up his outer garment with both hands near the right side of his waist. Officer Loehmann exited the ZC (zone car) and discharged his duty weapon at RICE. While retreating towards the rear of the ZC, Officer Loehmann stumbled and fell backward, regained his footing, and found cover behind the vehicle鈥檚 trunk on the driver鈥檚 side.鈥�
- Loehmann was between 4.5 to 7 feet away from Rice when he fired two bullets within one to two seconds of exiting his car. One hit Rice in the abdomen.
- Investigators were unable to determine through witness interviews whether, as Officer Loehmann told other officers who later arrived at the scene, he shouted commands to Rice from inside the police car before he fired at Rice.
- At 3:29 pm, Officer Garmback contacted police dispatch that shots had been fired and requested medical assistance. A second transmission said EMS (Emergency Medical Service) should 鈥淪tep it up.鈥� He also asked the fire department to respond.
- A Cleveland detective and FBI agent investigating a bank robbery nearby were the first to arrive. The FBI agent was a registered paramedic and was the first to give Rice medical attention.
- Rice鈥檚 sister ran to him and was stopped from entering the crime scene by Officer Loehmann. One officer who witnessed the altercation described it as, 鈥淥fficer Loehmann did not slam her to the ground; but said that she slipped on the wet grass as he put his arms out to stop her.鈥� She was placed in a police car because she was kicking and screaming 鈥淵ou killed my brother.鈥�
- Paramedics arrived approximately 8 minutes after the incident. One paramedic said Rice was 鈥渦nresponsive while en route to MetroHealth Medical Center.鈥�
- Rice died at 12:54 am the next day. The Cuyahoga County Medical Examiner ruled the death a homicide.
- Officers Frank Garmback and Timothy Loehmann declined to be interviewed by Sheriff鈥檚 department detectives.
Details about the weapon:
- The weapon that was believed to be a gun was a replica firearm described as 鈥減lastic spring-powered air soft pistol, easy slide pump for quick loading.鈥� Its magazine shoots 13 BBs. The Sheriff鈥檚 report refers to it as a replica firearm (RF).
- Rice and his best friend traded a cell phone with wifi capacity for the replica firearm. In an interview with investigators, the friend 鈥渆xplained that the RF malfunctioned and he disassembled the weapon to repair it. He was unable to get the 鈥榦range tip鈥� back on the barrel during reassembly. 鈥� and told Rice to be careful because the RF 鈥�looked real.鈥欌赌�
- Four witnesses interviewed by investigators reported seeing Rice waving the RF. Another witness said Rice showed her the weapon.
- Four officers and a detective who arrived on the scene believed the RF was real.
Officers arrived at the scene after the incident:
- An FBI agent and another Cleveland police officer were the first law enforcement to arrive on the scene. The agent described Officer Loehmann as 鈥渄istraught鈥� and 鈥淩eported that Officer Loehmann told him that the subject had a gun and reached for it after telling him to show his hands.鈥�
- Officer William Cunningham, who has worked off duty at Cudell Rec Center every Saturday for 4 years, was inside Cudell at the time of the incident. He came out when he鈥檇 been told police had shot someone. He found Loehmann to be 鈥渧ery distraught鈥� and Loehmann told Cunningham, 鈥溾�橦e gave me no choice. He reached for the gun and there was nothing I could do.鈥欌赌�
- Officer Lou Kitko was told by Loehmann, 鈥�'They arrived at the scene, yelling commands at the kid, they stopped the car and the kid went for the firearm and pulled it out.鈥欌赌�
Additional details:
- Beth Mandl, dispatcher with the City of Cleveland, clarified to investigators that 鈥渄ispatchers do not have contact with 911 callers.鈥� She said she was 鈥渘ot aware that the 911 caller had stated that the suspect may be juvenile or that the weapon could be fake.鈥�
- Constance Hollinger, dispatcher for the City of Cleveland and call taker that day, refused to answer questions on the advice of her attorney.
- Two officers at the scene, a supervisor and the 911 caller believed Rice to be 16 years or older.
- Rice鈥檚 mother Samaria Rice declined to be interviewed by investigators.
Below is surveillence video of the shooting of Tamir Rice. WARNING: This video contains violent images that many could find disturbing. It may not be suitable for all viewers.