CLEVELAND -- A former grand jury foreman in Cuyahoga County is weighing in on the case of a 12-year-old shot and killed by a Cleveland police officer.
It's been exactly one year and a day since Tamir Rice was shot. He was holding an airsoft gun with the orange safety tip removed. Police say they thought it was a traditional firearm.
The case is now being reviewed by a Cuyahoga County grand jury, after months of investigation by the sheriff's office and a subsequent investigation by the prosecutor's office.
Jerry Gold served as the foreman of a Cuyahoga County grand jury. Only four grand juries are sitting at any given time.
The length of each member's term runs about four months. Gold, a long-time defense attorney, served as foreman from Sept. 2014 until Jan. 2015.
He tells WKYC Channel 3's Hilary Golston, the grand jury always consists of 14 people – including the foreman – and only nine can vote at any given time. Seven members must vote in the affirmative, for an indictment.
Of the 1,500 cases Gold oversaw, only 70 came back without what's called a no bill, in which an indictment is not rendered.
Gold says the nature of the grand jury is one that in many ways makes it "police oriented."
"When you see police coming in every day and many of them are doing good things and brave things...following after people...taking chances...you become kind of police oriented...even me, who defended people my whole life," said Gold.
Several, including the attorneys for Rice's mother, have said that information like the opinion by Judge Ronald Adrine should be included in the case.
Judge Adrien found there was probable cause to charge officer's Timothy Loehmann and Frank Garmback.
"Normally speaking, a judicial opinion doesn't mean anything, however, why not throw that in…if everything else is going in…the grand jury knows about it anyway," said Gold.
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Thus far, Cuyahoga County Prosecutor Timothy McGinty has released video, the results of the sheriff's office investigation, an Ohio State Highway Patrol report and three reports validating the actions of the officers involved.
"There's a good idea in presenting everything and let the chips fall where they may," said Gold.
However, Gold thinks an indictment in the case is unlikely.
"It seems to me that in this case, it's going to be very difficult to obtain an indictment," said Gold. "I think that the evidence...is pretty clear to me that the policeman acted reasonably."
