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[Randolph Freelander]

http://www.cleveland.com/metro/index.ssf/2015/06/judge_finds_probable_cause_for.html

CLEVELAND, Ohio -- A Cleveland Municipal Court judge has found probable cause that police officer Timothy Loehmann should face murder and other charges in the slaying of 12-year-old Tamir Rice.

Judge Ronald B. Adrine released the opinion Thursday afternoon, days after a group of local clergy and activists filed affidavits asking the court to find probable cause to arrest Loehmann and Frank Garmback on aggravated murder, murder, involuntary manslaughter, reckless homicide, negligent homicide and dereliction of duty charges.

The judge did not find probable cause that either officer should be charged with aggravated murder. Adrine also determined that there was not probable cause to charge Garmback with murder.

The affidavits were filed using an obscure Ohio law that allows any citizen with knowledge of the facts of a case to formally ask a judge to issue an arrest warrant.

...

The court filings were a move to bypass Cuyahoga County Prosecutor Timothy J. McGinty's office as it prepares evidence to a grand jury.

...

The prosecutor's office will review the case, conduct additional investigations as it sees fit and present the facts to experts for feedback before delivering the evidence to a grand jury. The process could take weeks or months.

 

[CrimsonCommie]

No shit there's a clear video of the murder

 

[Aurongel]

It's not like the video footage left any part ambiguous.

 

[Random Painted HIghway]

Bizarre.

 

[Siegcram]

Good on Judge Adrine for having a functioning set of eyeballs.

 

[Randolph Freelander]

Y'all cite the video, as if video has mattered much in many recent cases.

 

[Do Better]

So what happens when the grand jury says there isn't any probable cause?

 

[commedieu]

So what happens when the grand jury says there isn't any probable cause?

The black community will be told to calm down, and let the justice system work.

Same as past 400 years.

 

[kirblar]

The court filings were a move to bypass Cuyahoga County Prosecutor Timothy J. McGinty's office as it prepares evidence to a grand jury.

Good job by whoever made the end-run around the Grand Jury.

 

[Rembrandt]

So what happens when the grand jury says there isn't any probable cause?

hopefully a mass protest.


fuck the way they've handled this obvious murder.

 

[Coins]

Nothing is going to happen. No one can prove the officers weren't scared and the orange tip on the gun was missing.

 

[J10]

Let me guess: The judge saw the video.

 

[Eiolon]

So what happens when the grand jury says there isn't any probable cause?

If the grand jury returns a no bill then it is up to the prosecution to find a more convincing story for how things went down. They can return the grand jury at any time, but they have 48 hours only to hold the suspect. With a grand jury you don't need to present beyond a reasonable doubt type evidence. It can all be circumstantial. You just need to present to them a convincing scenario that could have happened.

 

[Rembrandt]

Nothing is going to happen. No one can prove the officers weren't scared and the orange tip on the gun was missing.

Anybody that watches the video can.

 

[methane47]

A Cleveland Municipal Court judge has found probable cause that police officer Timothy Loehmann should face murder and other charges

The judge did not find probable cause that either officer should be charged with aggravated murder. Adrine also determined that there was not probable cause to charge Garmback with murder.

Edit: OOHHH different charges aggravated murder <> murder

 

[Cat]

Y'all cite the video, as if video has mattered much in many recent cases.

I know what you mean in light of something like Eric Garner from last year and by no means am I saying Tamir Rice will get the justice he deserves, but the video has mattered in the court of public opinion and contributes to the growing movement addressing the issue of police brutality as a whole. When the thread about his murder first showed up on GAF, it was only a picture of the gun and several pages of people saying they completely understood the officers doing what they did. When the video came out, it changed people's minds.

 

[hipbabboom]

If I was on the defense team of the murderer, I'd argue that the cop was doing what he was trained to do. That should be a telling defense.

 

[Derwind]

Y'all cite the video, as if video has mattered much in many recent cases.

They'll probably find a way to throw it out during the court preceedings. :/

 

[cameron]

The affidavits were filed using an obscure Ohio law that allows any citizen with knowledge of the facts of a case to formally ask a judge to issue an arrest warrant.

With a state judge finding probable cause, a grand jury indictment should not be difficult. Assuming, of course, the prosecution's office does their job.

 

[Coins]

With a state judge finding probable cause, a grand jury indictment should not be difficult. Assuming, of course, the prosecution's office does their job.

They aren't going to charge a cop with shooting someone who appears as if they are brandishing a weapon.

It sucks this kid died. It sucks that cops are fucked up. It sucks the public is armed and cops assume the worst.

This isnt the same as the dude in NY who got murdered with a choke hold or the dude in Baltimore who got murdered in the back of a van.

 

[Slayven]

Means nothing when the judge hearing the case will come out and do the defense work like the other guy did.

 

[cameron]

They aren't going to charge a cop with shooting someone who appears as if they are brandishing a weapon.

It sucks this kid died. It sucks that cops are fucked up. It sucks the public is armed and cops assume the worst.

This isnt the same as the dude in NY who got murdered with a choke hold or the dude in Baltimore who got murdered in the back of a van.

There are multiple charges related to the death of Rice. There's enough evidence for indictment of lesser charges. Conviction is another story. Michael Brelo was indicted for voluntary manslaughter.

 

[Chie Satonaka]

They aren't going to charge a cop with shooting someone who appears as if they are brandishing a weapon.

It sucks this kid died. It sucks that cops are fucked up. It sucks the public is armed and cops assume the worst.

This isnt the same as the dude in NY who got murdered with a choke hold or the dude in Baltimore who got murdered in the back of a van.

No, this one is worse.

Tamir was a child who was not involved in any illegal activity who was shot within less than two seconds, by an unbalanced, trigger happy fool who didn't even wait for the car to come to a complete stop.

But I'll give you Freddie Gray.

 

[spindashing]

Let me guess: The judge saw the video.

I'd laugh but the situation is all sorts of fucked up...

 

[Sho_Nuff82]

They aren't going to charge a cop with shooting someone who appears as if they are brandishing a weapon.

It sucks this kid died. It sucks that cops are fucked up. It sucks the public is armed and cops assume the worst.

This isnt the same as the dude in NY who got murdered with a choke hold or the dude in Baltimore who got murdered in the back of a van.

This is worse because

a) it's a kid
b) it's clear he wasn't given a chance to surrender
c) Ohio is an open carry state. Shooting someone for brandishing a firearm, much like John Crawford's murder in Walmart, is a violation of his civil rights at minimum.

 

[Coins]

This is worse because

a) it's a kid
b) it's clear he wasn't given a chance to surrender
c) Ohio is an open carry state. Shooting someone for brandishing a firearm, much like John Crawford's murder in Walmart, is a violation of his civil rights at minimum.

Ohio isnt an open carry state for a minor. All the cop is going to say is that he felt threatened and that the gun was marked inappropriately for being an AirSoft gun, and thats that.

No one is going to give the police force reason to ignore someone thats carrying a firearm. If I was a cop, and saw a cop get burned in this situation and catch a murder conviction, I would simply wait to see if someone was really armed by waiting until a criminal killed someone first.