It is reasonable to conclude that during the drive to the scene the two Officers discussed the tactics they would use once they arrived at the recreation center. I am sure that the they talked about the importance of assessing the situation before taking any drastic action. Yet, for some unknown reason, two seconds after “Adam 25” arrived at the recreation center, Loehmann had unbuckled his seat belt, exited the patrol car, drawn his gun and shot Tamir in the stomach.
In response to the shooting, the CPD issued a statement saying that Loehmann had asked Tamir three times to drop the weapon before shooting. Yet, the witnesses at the scene told investigators that they do not believe that Loehmann said anything to Tamir before shooting him. This version of the events seems more plausible given the speed with which Loehmann acted. Had Loehmann held his fire for a few seconds longer the tragedy might have been avoided.
Tamir’s 14-year old sister rushed to the aid of her brother. Allegedly, the officers tackled her, put handcuffs on her, and placed her in the back of the patrol car. It is unclear why the officers took this action.
From across the street, Samaria Rice ran from her home once she realized that a shooting had taken place. After seeing that it was her son that had been shot, she began to scream at the officers. For some unknown reason, they threatened her with arrest if she did not calm down. I cannot image a set of circumstances that would allow a parent to be “cool, calm and collected” when their preteen is lying on the ground and having been mistakenly shot by the police.
By this time, Officers Garmback and Loehmann understood that they had shot a 12- year -old boy who had been playing with a toy gun. Instead of trying to somehow rectify their error, the Officers withheld medical aid and emotional comfort from Tamir. They also didn’t allow anyone else to offer the same. Their failure to give medical assistance to Tamir was callous and inexcusable.
An FBI agent, who was working nearby with a bank robbery detail, arrived 4 minutes after Tamir had been shot. The agent, a trained paramedic immediately began tending to Tamir. The agent, whose name has not been made public, told investigation that Tamir was gravely wounded though he was conscious. Tamir verbally acknowledged the agent ‘s efforts to render medical assistance. According to the agent, Tamir gave his name and said something about the gun. When Tamir develop difficulty breathing, Garmback assisted the agent in caring for Tamir. The agent told investigators that Loehmann never offered any aid to Tamir and appeared to be frozen and distraught. Tamir died the following day on the operating table.
Once again in America, White police officers had shot and killed an unarmed Black youth. This time, the victim was only 12-years old. The shooting immediately gave new impetus to the debate over America’s racial divide. When the video of the shooting was released to the public a few days later, Cleveland’s began to fracture along racial lines. In fairness to the truth, Tamir can be seen in the video brandishing the gun while in the park. When the patrol car pulled up to the scene, it seems that Tamir reached into his waistband to draw the toy gun out. We’ll never know what Tamir was thinking when “Adam 25” came to a halt on the part grounds.
The Cuyahoga County Medical Examiner conducted an autopsy of Tamir Rice’s body. Thomas P. Gilson in his autopsy report, case number IN2014-01991, recited the salient facts surrounding the shooting and ruled it to be “homicidal in nature.” Incredibly, Doctor Gilson concluded that Tamir’s height of 5”7” and weight of 195 lbs was normal for a child of 12 years old. Based just upon these two conclusions, the autopsy report fueled the argument that racial bias played a role in the shooting.
It is important to note that according to the Dr. Gilson, Tamir did not immediately expire from the gunshot wound to his abdomen. Perhaps had the Officers immediately offered medical assistance to Tamir he might have survived the shooting. Sadly, a series of errors, some preventable, led to the shooting of Tamir.
I have no personal knowledge of the facts or circumstances surrounding the shooting. In an effort to understand the shooting, I read and listened to various news accounts of the shooting. Based upon my understanding of the facts and the applicable law, I believed that Officer Loehmann could legally prove his actions and thus avoid criminal prosecution.
In an effort to ensure transparency and fairness in its investigations, the Cuyahoga County Prosecutor commissioned three independent investigations of the shooting which were undertaken by the following:
Lamar Sims Esq , ADA in the Office of the District Attorney of Denver Colorado
Kimberly A. Crawford, former Supervisory Agent of the FBI
Highway Patrol of the State of Ohio
I read all three reports. The works are detailed and thorough. Based upon the content and tenor of the reports, I believe that the authors harbored no bias for or against the police officers. After reading the reports, I better understood of the tragic events that led to the shooting of Tamir. The workup prepared by the Highway Patrol offers a visual walk-through of the shooting. If you are going to debate the shooting in an intellectual way, the reports are a must read.
