Rice, 12, was shot dead outside a recreation center by then-Cleveland police officer Timothy Loehmann, who reportedly mistaken a black toy airsoft gun for a gun. of real fire.
Rice’s death, which was black, grew in November 2014 to exemplify allegations of excessive use of force by police that have defined the Black Lives Matter movement.
Loehmann, who was training on the field, arrived at the scene with a patrol car driven by Officer Frank Garmback.
According to the statement, federal prosecutors from the Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Ohio concluded that they could not prove that Rice’s constitutional rights were violated or that officers were obstructing justice.
“To establish a violation of federal civil rights, the government should demonstrate that Officer Loehmann’s actions were unreasonable in the circumstances and that his actions were intentional,” federal attorneys said. “… an officer is allowed to use lethal force when he reasonably believes the suspect posed an imminent threat of serious physical harm, either to the officer or to others.”
Prosecutors said that since officers testified that Loehmann thought Rice was going to look for a gun, the Justice Department should prove that “1) Tamir was not looking for his gun; and 2) that Officer Loehmann he did not perceive that Tamir was coming for his weapon, despite his constant claims to the contrary. ”
Federal officials said the video footage was grainy, shot from a distance, did not show the entire incident and did not provide details.
Prosecutors examined video evidence of the incident, as well as officers’ statements, witness interviews and expert statements.
CNN has contacted Loehmann, Garmback and the Rice family to comment.
Loehmann was fired in May 2017, not because of the shooting, but because investigators found it was not true about his work history when he applied for the job, officials said.
Garmback was suspended for 10 days for violating tactical rules regarding how he drove to the spot where Rice was shot that day.
Loehmann shot Rice after a witness called 911 to report that someone was brandishing a gun in the park. The caller noted that the person was “probably a minor” and that the weapon was “probably fake,” according to records.
But one firm did not share the rankings with the responding officers, Loehmann and Garmback.
The video of the incident shows Loehmann arriving in a squadron car driven by Garmback. The car approaches Rice and, less than two seconds after the vehicle arrives, Loehmann shoots the boy.
Loehmann and Garmback said in written statements in November 2015 that they thought Rice was pulling a real pistol from his waist.