The family of Tamir Rice, the 12-year-old boy shot and killed by Cleveland police officers, today requested that United States Attorney General Merrick Garland re-open the Department of Justice investigation into Tamir’s death.
On Saturday, November 22, 2014, Tamir was playing with a toy pellet gun by himself in a park near his house. When Cleveland police officers drove into the park at high speed, there was no one else around and Tamir wasn’t brandishing the toy. Despite there being no imminent danger, Officer Timothy Loehmann jumped out of his still-rolling squad car and fatally shot Tamir.
Security video footage of the shooting contradicts the statements given by the Cleveland police to justify the shooting. The video shows there was no time for Loehmann to give Tamir commands; Loehmann shot him immediately. After watching the video, the Cleveland Municipal Court found probable cause to charge the officers involved, and a grand jury was convened. But then the local prosecutor grossly mishandled the grand jury proceeding in order to exonerate the officers, including actually telling the grand jury they should not indict. In the face of this injustice, at the end of 2015, we requested a Department of Justice investigation into the shooting.
Articles in the New York Times and the Washington Post in October 2020 revealed that Trump political appointees at DOJ had stymied that investigation for years. They twice refused requests by apolitical career prosecutors to present this case to a grand jury. They allowed the clock to run on the statute of limitations for obstruction of justice charges. Finally, in the waning weeks of the Trump presidency, between Christmas and New Year’s, DOJ quietly announced it was closing the investigation entirely.
Attorney General Garland should re-open the investigation and convene a grand jury. There is no statute of limitations on prosecuting Officer Loehmann for killing Tamir in violation of his civil rights.
The essential facts of this case are not in dispute. Tragically, it is also indisputable that race played a defining role in Tamir’s death. As we note in the request to Attorney General Garland, “If these police officers had driven into a park in a wealthy, predominantly White suburb, if the boy they saw sitting there under the gazebo was White—is there any doubt in anyone’s mind that that boy would still be alive today?”
On behalf of Tamir’s family, we are requesting that this case be re-opened and presented to a grand jury without the agenda of exonerating the officers.
We invite you to read our request to Attorney General Garland in its entirety.
ECBAWM partners Jonathan S. Abady, Earl S. Ward, and Zoe Salzman represent the family of Tamir Rice.