Feds say Mere Video Evidence of Cops Intentionally Shooting Tamir Rice While His Hands Were in His Pocket Fails to Satisfy the High Law of the Jungle Standard for Cops, who have Superhuman status
1) A White man called 911, sounding calm [or drunk] talking about, "Hi. How are you. [pause] I'm sitting in the park and there is a guy here pointing his gun at everybody. He is wearing a camouflage hat, like Desert Storm." The caller subsequently said he was “probably a juvenile” and that the weapon was “probably fake. But he said enough. He gave the impression that an adult Black man, possible a military veteran, is at a park filled with people, threatening them with a gun. Perhaps about to wreak havoc with a loaded weapon. There is no panic in his voice and he doesn't sound frightened either - because he wasn't. Apparently, the cops arrived minutes after the call. Where did all the people he talked about go? Where did he go? The caller knew what could happen when called the police on the Black child, that's probably why he called. After his reckless call, what happened to Tamir was reasonably foreseeable under these circumstances in this context. [Black male with gun in public place] Listen for yourself BELOW.
2) White Woman Police Dispatch Constance Hollinger calls the white cops and relays info from the 911 caller telling them: 'a Black male wearing a camouflage hat with a gun is at the park threatening people with a gun, waving it at people.' [cops don't listen to 911 calls they get it from the dispatch, so they never heard the above call]. She fails to relay the details that she was told by the 911 caller - that the suspect is “probably a juvenile” and that the weapon was “probably fake" to the responding officers. In other words, she purposefully provided incomplete information or mislead the cops.
Hollinger also knew that the caller was calm and was not in any immediate danger when he called. Despite the caller's allegation that a suspect was threatening "people" at the park, Hollinger knew that no one else had reported the incident to 911. She may have also given cops the impression that there was a group of "people" at the park. Dispatch has now effectively programmed the white cops to believe an ongoing emergency is taking place. Was this a mistake [negligence] or done intentionally [criminal]? [MORE]
From [HERE] Two white Cleveland police officers will avoid federal criminal charges for their role in the killing of Tamir Rice, an unarmed 12-year-old Black boy shot in 2014, the Justice Department announced on Tuesday, citing a lack of evidence in the high-profile case. Although the white dependent media repeatedly states that Rice was carrying a toy gun in reality the video shows that the child had a toy pellet gun in his pockets when the police arrived. Authoritarians and racist suspects go on subtly re-mixing & writing history to justify their actions and justify this racist system of coercion. Don't blame a toy gun or blurry video for this bullshit. [MORE]
The announcement drew to a close a five-year federal investigation into the actions of then-Officer Timothy Loehmann and his partner, Officer Frank Garmback, one that has been criticized by Tamir’s family and government watchdogs as deeply flawed and politically influenced.
The federal inquiry languished under both the Obama and Trump administrations. In 2019, two career prosecutors in the Justice Department’s civil rights division were denied permission to use a grand jury to issue subpoenas for documents or witness testimony.
Justice Department officials said in a lengthy statement on Tuesday that they could not establish that the officers involved in Tamir’s killing willfully violated his civil rights or that they knowingly made false statements with the intent of obstructing a federal investigation.
“This high legal standard — one of the highest standards of intent imposed by law — requires proof that the officer acted with the specific intent to do something the law forbids,” the Justice Department said. “It is not enough to show that the officer made a mistake, acted negligently, acted by accident or mistake, or even exercised bad judgment.”
The outcome of the protracted examination of the case angered the Rice family, which sued Cleveland over Tamir’s death. The city settled the case for $6 million in 2016, and Officer Loehmann was later fired for an unrelated violation.
“It was blatantly disrespectful that I had to learn from the media that the Department of Justice had shut down the investigation, after career prosecutors recommended a grand jury be convened,” Tamir’s mother, Samaria Rice, said in a statement on Tuesday. [MORE]
In evaluating the legality of the stop all that matters is what the cops knew and what they saw at the time of the stop; that is, the first hand knowledge the police had in the present moment of the stop. A court will only consider what an officer observed or knew at the time of the stop. What cops subsequently learned from records checks, court records, videos or from the media is not relevant to a 4th Amendment analysis.
Here, the police acted on the basis of an anonymous caller who had no personal face to face contact with police. Cops had no way to know whether the information was reliable or credible. Prior to engaging Tamir, the cops did not talk to anyone else on the scene or do any investigation. They pulled up blazing.
When the racist suspect cops arrived on the scene most of the information from the police radio run dispatch was not corroborated. 1) No "guy" or grown man was present - only a 12 yr old child. From 4 to 10 feet away this was obvious to cops 2) There were no people around - the child was alone, no one is in the vicinity in the video. The white man who called 911 moments ago was not there. Thus, no ongoing emergency existed. 3) Contrary to white media accounts no gun was visible when cops arrived - the toy gun was in the child's pants and out of sight when police arrived- as his hands are empty and near his stomach when cops arrive. Importantly, Tamir was not engaged in criminal activity when cops arrived. The cops also did not witness any predictive conduct based on information the dispatch or caller provided - that is, Tamir was not threatening anyone as described by dispatch. A reasonable officer may have asked, 'is this the person we're were looking for?'
The cops acted without a warrant. When the white cop pulled his gun out and pointed it at Tamir what crime was he being stopped and arrested for? [MORE]