Officer in Tamir Rice shooting: 'He gave me no choice'

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[h=4]Officer in Tamir Rice shooting: 'He gave me no choice'[/h]Cuyahoga County prosecutors released a 224-page report on the deadly shooting.

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A newly released sheriff's report on the fatal police shooting of Tamir Rice shows that the Cleveland officer who shot the boy told investigators that the 12-year-old reached for a gun just before the patrolman opened fire. Rice had a toy gun. VPC


Tamir E. Rice died at MetroHealth Medical Center after a Cleveland police officer shot him outside the Cudell Recreation Center.(Photo: Family photo)


CLEVELAND — The police officer who shot and killed 12-year-old Tamir Rice told investigators that the boy reached for a gun just before the patrolman opened fire.
"He gave me no choice. He reached for the gun and there was nothing I could do," Cleveland police Officer Timothy Loehmann told a fellow officer in the moments after he shot Tamir at a gazebo outside the a recreation center on Nov. 22.
The officer's words — released Saturday in a 224-page report from Cuyahoga County Prosecutor Tim McGinty — mark the first time the Loehmann's account of the shooting was revealed.
The report also notes that Loehmann and his partner each refused to be interviewed by sheriff's investigators.
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The report, however, notes the observations of fellow officers, many of whom said Loehmann appeared distraught after the shooting when police learned that Tamir was much younger than first thought and that his gun was actually a BB gun.
One officer said the BB gun appeared to be "1,000%" real.
McGinty said he chose to release the report, which was compiled over four months by county sheriff's deputies, after showing the documents on Friday to the Rice family. He issued a statement saying the release was in the interest of transparency.
The evidence has yet to be presented by prosecutors to a grand jury for consideration of an indictment against Loehmann or his partner.

POLICE SHOOT TAMIR RICE, 12Officer in Tamir Rice shooting: 'He gave me no choice' | 01:56A newly released sheriff's report on the fatal police shooting of Tamir Rice shows that the Cleveland officer who shot the boy told investigators that the 12-year-old reached for a gun just before the patrolman opened fire. Rice had a toy gun. VPC

POLICE SHOOT TAMIR RICE, 12Tamir Rice's mom: I still haven't received an apology | 01:00The family of Tamir Rice commented on the claim made by attorneys representing the city of Cleveland, that Tamir Rice's injuries were caused by his "acts" and failure to "exercise due care." VPC

POLICE SHOOT TAMIR RICE, 12Cleveland mayor apologizes to family of Tamir Rice | 00:55Mayor Frank Jackson apologized to the family of the 12-year-old killed by Cleveland police after the city's lawyers seemingly blamed the kid for his own death. VPC

POLICE SHOOT TAMIR RICE, 12Cleveland blames Tamir Rice, 12, for his own death | 01:32In newly filed court papers, attorneys representing the city of Cleveland say Tamir Rice's death was caused by his "acts" and failure to "exercise due care." The 12-year-old was fatally shot by police while holding a toy gun. VPC

POLICE SHOOT TAMIR RICE, 12Tamir Rice dispatcher didn't give all info to cops | 01:05The name and records of the Cleveland police dispatcher who assisted police during the Tamir Rice shooting have been released. VPC

POLICE SHOOT TAMIR RICE, 12Cleveland Police minimal standards under attack | 01:56The Department of Justice has taken aim on Cleveland police training, saying officers are inadequately supported and trained. Police critics say that makes minimal standards to become a cop even more worrisome. VPC

POLICE SHOOT TAMIR RICE, 12Tamir Rice's mom seeks 'accountability' for son's death | 00:25Samaria Rice, mother of Tamir Rice, speaks out for first time after her son was shot and killed by a Cleveland police officer. The family and her attorneys want justice for the 12-year-old boy. VPC

POLICE SHOOT TAMIR RICE, 12Protesters travel hundreds of miles to march in D.C. | 01:48Five bus loads of protesters traveled from Cleveland, Ohio to Washington D.C for the National March against Police Violence. VPC

POLICE SHOOT TAMIR RICE, 12Tamir Rice's mom: The community loved him | 01:04The mother of Tamir Rice, the 12-year-old boy killed by a Cleveland police officer while holding a toy gun, shared details about the day he died. VPC

POLICE SHOOT TAMIR RICE, 12Family of boy killed by cops files wrongful death suit | 02:39The family of Tamir Rice has filed a civil lawsuit against the city of Cleveland and the two police officers involved in the Nov. 22 incident that ended with Rice, 12, dead. VPC

POLICE SHOOT TAMIR RICE, 12Cop who shot Ohio boy was asked to leave previous post | 01:53Personnel files show the Cleveland Police officer who fatally shot 12-year-old Tamir Rice was given a "dismal" review at his last police post, but an investigation reveals Cleveland Police never checked those files.

POLICE SHOOT TAMIR RICE, 12Family says goodbye to boy killed by Cleveland police | 01:21The family of Tamir Rice said goodbye to the 12-year-old boy who was shot and killed by Cleveland police officer Timothy Loehmann at the Cudell Recreation Center. Tamir Rice was laid to rest Wednesday morning. WKYC

POLICE SHOOT TAMIR RICE, 12Raw: Video shows cop shoots 12-year-old within seconds | 00:32Cleveland police released a surveillance video that shows a 12-year-old boy, Tamir Rice, being fatally shot by an officer seconds after he arrived on the scene. VPC

POLICE SHOOT TAMIR RICE, 12Protestors block, shut down dowtown Cleveland Shoreway | 01:43Protestors shut down Cleveland Shoreway. Demonstrating for 12-year-old shot by police, Tamir Rice VPC

POLICE SHOOT TAMIR RICE, 1212-year-old dies in Cleveland police shooting | 01:26Tamir Rice, a 12-year-old Cleveland resident, was shot and killed by a Cleveland police officer. And the police dispatcher didn't relay to the officers the crucial bit of information that came from the 911 caller. VPC

POLICE SHOOT TAMIR RICE, 12Police academy: Officer who shot boy with fake gun made right call | 01:22The death of Cleveland 12-year-old Tamir Rice is raising a lot of questions about why police officers needed to fire at a boy holding a fake gun. WKYC-TV, Cleveland

POLICE SHOOT TAMIR RICE, 12Cleveland Police Chief: No officer wants to kill a kid | 02:10Cleveland's police chief says the officer who fatally shot a 12-year-old boy is broken up about the incident. Tamir Rice was holding a fake gun, which was mistaken for a real one. Chief Calvin Williams says the officer was protecting himself. VPC

POLICE SHOOT TAMIR RICE, 12911 caller says Cleveland boy's gun 'probably fake' | 02:07In the 911 call that reported a boy waving a gun around at a Cleveland park, the caller says the gun was probably fake. Twelve-year-old Tamir Rice was shot and killed by police. It's unclear if the officers were ever told the gun might be fake. VPC





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The sheriff's report notes that their investigation is "unbiased" and that investigation team "has not, and will not, render any opinion of the legality of the officers' action."
The often-redacted documents, however, give the public insight into the Loehmann's mindset when he and fellow Officer Frank Garmback arrived at the gazebo. The officers were called to the area after reports that a man was pointing a gun at people around the rec center.

Tomiko Shine holds up a picture Dec. 1, 2014, of Tamir Rice, the 12-year-old boy fatally shot Nov. 22 by a rookie Cleveland police officer.<span style="color: Red;">*</span>(Photo: Jose Luis Magana, AP)

As Garmback drove off the street and near the gazebo, Loehmann leaped out of the car and within two second fired two shots that struck the boy.
No witnesses in the sheriff's report reported hearing officers issue warnings before shots were fired. Police say Loehmann only shot after his orders were ignored and Tamir reached for his weapon.
As the Tamir was sprawled on the ground next to his BB gun, an FBI agent who happened to the be in the area, stopped and began giving first aid.
Officer Lou Kitko, who talked to Loehmann at the scene, said the rookie officer said, "They arrived on scene, was yelling commands at the kid, they stopped the car, the kid went for the firearm and tried to pull it out."
Kitko was among several Cleveland officers who agreed to be interviewed. Prosecutors refused to provide any immunity, the report noted.
The swiftness of the shooting was noted by Cleveland Municipal Court Judge Ronald Adrine, who found probable cause to charge the officers involved in the shooting. Adrine said he was "thunderstruck" after viewing surveillance video of the shooting. A group of Tamir supporters filed papers earlier this week seeking charges against the officers.
Adrine forwarded his conclusions to prosecutors.

The FBI agent spoke to investigators and noted Loehmann's emotions in the minutes after the shooting.
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"I think it was a very difficult situation for him to deal with and ... probably now as the adrenaline was wearing off, I think the realization is kicking in that he just had to shoot somebody," the agent said.
The agent recalled the failure of officers to provide first aid to Tamir, who was critically injured in the abdomen. Neither officer had a first aid kit or training.
At one point, Tamir mumbled something about his gun. The boy also took the agent's hand.
"He turned over and acknowledged and looked at me, and he like reached for my hand," he said.
The officers, he added, appeared distraught and helpless.
"It's an incredibly disturbing injury to look at," he said. "And ... you could see the level of concern in (the officers). I don't think they knew what to do."
Sheriff%26#39;s Office Investigation into shooting of Tamir Rice - PART I


PART II: Sheriff%26#39;s Investigation into Tamir Rice shooting


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