Judge recommends Cleveland officers be charged in shooting

By REUTERS

10 years ago

Tamir E. Rice, 12, is seen allegedly pointing a pellet gun at the Cudell Recreation Center in Cleveland, Ohio, in this still image from video released by the Cleveland Police Department November 26, 2014. (REUTERS/Cleveland Police Department/Handout via Reuters)

Tadar Muhammad (right) and Jeremy Brustein (left) demonstrate in support of Tamir Rice outside of Quicken Loans Arena prior to game three of the NBA Finals. (Ken Blaze-USA TODAY Sports)

Jun 9, 2015; Cleveland, OH, USA; Protesters demonstrate in support of Tamir Rice outside Quicken Loans Arena prior to game three of the NBA Finals. (Ken Blaze-USA TODAY Sports)

Samaria Rice (C), the mother of Tamir Rice, the 12-year old boy who was fatally shot by police last month while carrying what turned out to be a replica toy gun, speaks during a news conference in Cleveland, Ohio, in this file photo taken December 8, 2014. Community leaders said they planned to ask a judge on Tuesday to issue arrest warrants for two Cleveland policemen in the 2014 fatal shooting of a 12-year-old boy carrying a replica handgun even as prosecutors mull charges against the officers. (REUTERS/Aaron Josefczyk)

Samaria Rice, the mother of Tamir Rice, the 12-year old boy who was fatally shot by police last month while carrying what turned out to be a replica toy gun, speaks while surrounded by attorneys, local leaders and family during a news conference at the Olivet Baptist Church in Cleveland, Ohio December 8, 2014. (REUTERS/Aaron Josefczyk)

A Cleveland judge on Thursday found probable cause that police officers involved in the shooting death of a 12-year-old boy who was holding a replica gun should face charges, but the opinion is advisory only and the decision is up to prosecutors.

Cleveland Municipal Court Judge Ronald Adrine issued the opinion that officer Timothy Loehmann, who shot Tamir Rice last year, and his partner Frank Garmback should both face charges of negligent homicide and dereliction of duty.

Adrine also found probable cause that Loehmann should face charges for murder, involuntary manslaughter and reckless homicide.

“This court is mindful that despite any conclusions it draws from the evidence… its role here is advisory in nature,” Adrine wrote.

The ruling came days after a group of local clergy and activists filed affidavits requesting action from the court in the death of Rice.

The death of Rice, who was black, was one of several recent incidents that have focused national attention on the treatment of minorities by law enforcement. The officers involved in Rice’s death were white.

Cuyahoga County prosecutors were not immediately available for comment.