The Law And Tamir Rice: A Question Of Legality

On November 22, 2014, 12-year-old Tamir Rice was shot and killed by Cleveland police officer Timothy Loehmann. Rice was carrying a toy gun, and a grand jury later decided that the shooting was justified, and neither Loehmann nor his partner, Frank Garmback, would face criminal charges. However, the case sparked widespread debate about police accountability and the use of force, with many questioning whether Rice's actions were illegal and whether the shooting could have been prevented.

Was Tamir Rice's toy gun distinguishable from a real gun?

On 22 November 2014, 12-year-old Tamir Rice was shot and killed by police officer Timothy Loehmann in Cleveland, Ohio. Rice had been carrying a replica gun, which was an airsoft pellet gun.

The orange-tipped barrel that would have indicated it was a toy gun was missing. According to the Cuyahoga County Prosecutor's Office, the toy gun was "functionally identical" to a real gun. They released a photo of Rice's fake gun next to a real Colt M1911, stating that "even to a trained eye, careful side-by-side comparison is required to notice the differences".

The report also noted that the packaging of the replica gun included a warning that removing the orange tip "may cause confusion, may be mistaken to be a real firearm by law enforcement officers or others and may be a crime". There is evidence that Rice had been warned about the dangerousness of using the gun in public, but there is no evidence that he saw the warnings on the gun's packaging.

The 911 caller had reported that the gun was "probably fake" and that the person carrying it was "probably a juvenile". However, this information was not passed on to the police officers, who stated that they believed Rice was going to pull a real gun out at them.

The grand jury declined to indict Loehmann or his partner, Frank Garmback, and no charges were filed against them. Rice's family was disappointed by the outcome and requested that the Department of Justice conduct an investigation.

Did the police officers involved face any consequences?

On November 22, 2014, 12-year-old Tamir Rice was killed by Timothy Loehmann, a 26-year-old white patrolman with the Cleveland Division of Police (CDP). Loehmann and his partner, 46-year-old Frank Garmback, had been responding to a dispatch call regarding a male with a gun. A 911 caller reported that a male was pointing "a pistol" at random people at the Cudell Recreation Center, a park in Cleveland's Public Works Department. The caller twice told the dispatcher that the pistol was "probably fake" and that the male was "probably a juvenile". However, this information was not relayed to Loehmann and Garmback.

In the aftermath of the shooting, both officers were placed on paid administrative leave. A grand jury declined to indict the police officers, and the Department of Justice also decided not to bring criminal charges against them, citing insufficient evidence and the poor quality of the surveillance video.

Loehmann faced no direct consequences for Rice's death, and he was not charged with any criminal wrongdoing. However, in 2017, Loehmann was fired from the Cleveland police force for withholding information on his job application. It was revealed that he had been deemed emotionally unstable and unfit for duty in his previous job as a police officer in Independence, a fact that he did not disclose when applying to join the CDP. Loehmann attempted to find police work in other jurisdictions in the years following, but public pressure forced him to withdraw his applications.

Garmback, who was driving the police cruiser, also faced no criminal charges. However, he did receive a five-day suspension for "employing improper tactics" in the Rice case. In addition, he faced internal discipline in 2021 for misconduct and derogatory remarks made while working a part-time job at a junkyard. Garmback was found guilty of 14 department violations, including making "derogatory remarks" and failing to activate his body camera and file proper reports. He was suspended for 25 days, five times longer than his suspension for the Rice case.

What were the police officers' accounts of the incident?

On November 22, 2014, 12-year-old Tamir Rice was shot and killed by 26-year-old patrolman Timothy Loehmann of the Cleveland Division of Police (CDP). Loehmann and his partner, 46-year-old Frank Garmback, were responding to a dispatch call about a male with a gun at the Cudell Recreation Center, a park in Cleveland's Public Works Department. The caller had twice told the dispatcher that the gun was "probably fake" and that the male was "probably a juvenile". However, this information was not relayed to Loehmann and Garmback.

Loehmann stated that when they arrived at the scene, he continuously yelled, "Show me your hands" through the open patrol car window. Instead of showing his hands, Loehmann claimed that Rice appeared to be trying to draw a gun: "I knew it was a gun and I knew it was coming out." Loehmann fired twice, hitting Rice once in the torso. Rice died the following day from his injuries.

Loehmann and Garmback's account of the incident was that they believed Rice was drawing a real firearm and posed a threat. They stated that they repeatedly ordered Rice to show his hands, but he failed to comply. However, several witnesses disputed this claim, stating that they did not hear the officers issue any verbal warnings to Rice.

In the aftermath of the shooting, it was revealed that Loehmann had a history of emotional instability and had been deemed unfit for duty at his previous job as a police officer in Independence, a Cleveland suburb. Despite this, the CDP did not review his previous personnel file before hiring him. Loehmann was eventually fired in 2017 for withholding information on his job application.

Garmback, who was driving the police cruiser, had also been involved in a previous incident of excessive force in 2014, for which the City of Cleveland paid a settlement of $100,000.

What were the 911 dispatcher's actions?

On November 22, 2014, a 911 caller reported that someone, possibly a juvenile, was pointing "a pistol" at random people at the Cudell Recreation Center in Cleveland. The caller twice stated that the gun was "probably fake". However, the dispatcher failed to relay this information to the responding officers, Timothy Loehmann and Frank Garmback. Instead, the dispatcher communicated that there was "a guy" pointing a gun at people, without mentioning the possibility that the gun was fake or that the suspect was a juvenile.

The dispatcher's omission was cited as a crucial mistake that impacted how officers Loehmann and Garmback responded to the call. Loehmann shot and killed Tamir Rice within two seconds of arriving at the scene. The shooting may have been avoided if the dispatcher had properly relayed the information from the 911 caller.

In March 2017, more than two years after the shooting, the 911 dispatcher, Constance Hollinger, was suspended for eight days without pay for violating protocol. Tamir Rice's mother, Samaria Rice, called the sanction "unacceptable" and criticised the lack of communication and the results of the internal investigation.

What was the grand jury's decision?

On December 28, 2015, a grand jury decided not to indict police officers Timothy Loehmann and Frank Garmback in the killing of 12-year-old Tamir Rice. Loehmann, a 26-year-old white patrolman, shot and killed Rice, who was African American, in Cleveland, Ohio, on November 22, 2014. Rice was carrying a replica toy gun, which lacked the orange-tipped barrel that would have indicated it was not a real gun. Loehmann and Garmback had been responding to a dispatch call about a male with a gun. A caller had reported that the gun was "probably fake" and that the male was "probably a juvenile", but this information was not relayed to the officers.

The grand jury's decision was met with disappointment and anger by Rice's family and activists, who accused Cuyahoga County Prosecutor Timothy McGinty of mishandling the investigation and deliberately sabotaging the case. McGinty had presented evidence to the grand jury and recommended that no charges be filed against the officers. He argued that the officers' actions were reasonable and did not violate Rice's constitutional rights.

In response to the grand jury's decision, the U.S. Department of Justice announced that it would continue its independent investigation into Rice's death. The department said it would "assess all available materials and determine what actions are appropriate, given the strict burdens and requirements imposed by applicable federal civil rights laws."

The killing of Tamir Rice sparked protests and public outcry, particularly from the Black Lives Matter movement. It also led to the suspension of 911 dispatcher Constance Hollinger, who failed to inform the officers that Rice was "probably a juvenile" and that the gun was "probably fake". Loehmann was also fired from the Cleveland police force in 2017 for withholding details about his previous employment, where he had been deemed emotionally unstable and unfit for duty.

Frequently asked questions