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Judge: Probable cause for negligent homicide for 2 officers in Tamir Rice shooting

He found probable cause in the accusations of murder, involuntary manslaughter, reckless homicide, negligent homicide and dereliction of duty for Loehmann
Gavel

CLEVELAND -- Cleveland Municipal Court Judge Ronald Adrine has released his findings in the review of the shooting of 12-year-old Tamir Rice by Cleveland Police Officers Frank Garmback, 46, and Timothy Loehmann, 26.

He found probable cause in the accusations of murder, involuntary manslaughter, reckless homicide, negligent homicide and dereliction of duty for Loehmann.

He found probable cause for negligent homicide and dereliction of duty for Garmback.

What does this mean?

It means that charges have NOT been filed and that these are merely findings by a judge of the accusations made against the two officers. It will now be up to the prosecutor -- either the county or the city prosecutor -- to assess his findings.

The City of Cleveland released a statement shortly after Adrine's findings were made public.

It reads:

Today Judge Ronald Adrine issued a judgement entry finding probable cause to charge Police Officers Timothy Loehmann and Frank Garmback with various criminal offenses. At the city's request, the County Sheriff conducted and completed an investigation of the facts surrounding the shooting of Tamir Rice and submitted his findings to the County Prosecutor.

The City Prosecutor has referred Judge Adrine's entry to the County Prosecutor for review and to determine whether charges will be issued.

On Nov. 22, Tamir Rice was shot and killed by Cleveland police officer Timothy Loehman outside the Cudell Recreation Center. Tamir had an air-soft replica gun in his possession that police say was indistinguishable from a deadly firearm.

Garmback had pulled the crusier the two were riding in up onto the grass in front of Rice. Loehmann jumped out of the cruiser and immediately shot Rice.

Cuyahoga County Prosecutor Tim McGinty released a statement after Adrine's findings: "This case, as with all other fatal use of deadly force cases involving law enforcement officers, will go to the Grand Jury. That has been the policy of this office since I was elected. Ultimately, the Grand Jury decides whether police officers are charged or not charged."

Attorneys for Tamir Rice's family released this statement to the media:

"The family of Tamir Rice is appreciative of their attorneys, Walter Madison, Benjamin Crump and Daryl Parks along with the efforts of the "Cleveland 8" who exercised civility and intellect by invoking Ohio Citizen Participation laws Tuesday to effectuate arrests of the officers responsible for the shooting death of 12-year-old Tamir Rice.

The "Cleveland 8" has provided a blueprint for the nation to follow in addressing many of the relationship problems between African-Americans and Law Enforcement. Judge Ronald Adrine heard the pleas of the Cleveland 8, took into consideration the affidavits provided and determined there was probable cause to issue a warrant for Officers Loehmann and Garmback.

We are grateful that the wheels of justice are starting to turn."

Surveillance video from Cudell showed the shooting.

WATCH: Tamir Rice shooting video

In describing the video of the event, Adrine wrote "The video in question in this case is notorious and hard to watch. After viewing it several times, this court is still thunderstruck by how quickly this event turned deadly. The relevant portion covers 18 seconds immediately preceding the point where Tamir Rice suffers the wound, doubles-up and falls to the ground. On the video, the Zone Car containing Patrol Officers Loehmann and Garmback is still in the process of stopping when Rice is shot."

"Following the shooting, four additional minutes pass, during which neither officer approaches Tamir as he lies wounded on the ground. At close to four minutes, a young lady, who news reports have since identified as Tamir's sister arrives on the scene and is restrained from going to her brother's side. Nearly eight minutes go by before paramedics arrive at the location. During that same time, approximately six other members of the Cleveland Division of Police join the first two and appear on the video."

In part, Adrine added:

"...determines that complaints should be filed by the Prosecutor of the City of Cleveland and/or the Cuyahoga County Prosecutor, in re: the accusations levied in the said affidavits against the accused, Frank Garmback, in re: Negligent Homicide and Dereliction of Duty. This determination shall be communicated and forwarded to both prosecutors' offices immediately contemporaneous with its announcement."

"Having completed its review of all of the affidavits in this matter, pursuant to the requirements of R.C. 2935.09, this court also determines that complaints should be filed by the Prosecutor of the City of Cleveland and/or the Cuyahoga County Prosecutor, in re: the accusations levied in the said affidavits against the accused Timothy Loehmann, for Murder, Involuntary Manslaughter, Reckless Homicide, Negligent Homicide and Dereliction of Duty. This determination shall be communicated and forwarded to both prosecutors' offices immediately contemporaneous with its announcement."

On June 9, 2015, Dr. Jawanza Colvin, Mr. Bakari Kiwana, Mr. Edward Little, Jr., Ms. Julia Shearson, Ms. Rachelle Smith, Dr. R.A. Vernon, Dr. Rhonda Williams and Mr. Joseph Worthy, jointly and severally, filed with the Cleveland Municipal Court affidavits accusing Cleveland Police Patrol Officers Timothy Loehmann and Frank Garmback with crimes arising from the shooting death of 12 year-old Tamir Rice on November 22, 2014, within the City of Cleveland.

The accusations and findings one by one:

Therefore, pursuant to obligation imposed upon this court by R.C. 2935.09 with regard to review of the affidavits presented, the court determines the following:

1. Identical accusations concerning six criminal violations are made by all of the affiants against each of the accused in the various affidavits filed with the court. For purposes of disposition, the identical criminal charges made against each accused by each affiant are consolidated according to the respective criminal charges. All affidavits alleging allegations of a specific criminal violation are consolidated into one allegation and disposed of accordingly based upon the court's review of the conduct of each accused.

2. As such, the court further finds that all of the affidavits presented were executed in good faith.

3. With regards to the accusation of Aggravated Murder, in violation of R.C. 2903.01, against the accused, FRANK GARMBACK, the court finds that the accusation lacks probable cause.

4. With regard to the accusation of Aggravated Murder, in violation of R.C. 2903.01, against the accused, TIMOTHY LOEHMANN, the court finds the accusation lacks probable cause.

5. With regard to the accusation of Murder, in violation of R.C. 2903.02, against the accused, FRANK GARMBACK, the court finds the accusation lacks probable cause.

6. With regard to the accusation of Murder, in violation of R.C. 2903.02, against the accused, TIMOTHY LOEHMANN, the court finds that probable cause exists for the accusation.

7. With regard to the accusation of Involuntary Manslaughter, in violation of R.C. 2903.04(B), against the accused, FRANK GARMBACK, the court finds the accusation lacks probable cause.

8. With regard to the accusation of Involuntary Manslaughter, in violation of R.C. 2903.04(B), against the accused, TIMOTHY LOEHMANN, the court finds that probable cause exists for the accusation.

9. With regard to the accusation of Reckless Homicide, in violation of R.C. 2903.041, against the accused, FRANK GARMBACK, the court finds the accusation lacks probable cause.

10. With regard to the accusation of Reckless Homicide, in violation of R.C. 2903.041, against the accused, TIMOTHY LOEHMANN, the court finds that probable cause exists for the accusation.

11. With regard to the accusation of Negligent Homicide, in violation of R.C. 2903.05, against the accused, FRANK GARMBACK, the court finds that probable cause exists for the accusation.

12. With regard to the accusation of Negligent Homicide, in violation of R.C. 2903.05, against the accused, TIMOTHY LOEHMANN, the court finds that probable cause exists for the accusation.

13. With regard to the accusation of Dereliction of Duty, in violation of R.C. 2921.44, against the accused, FRANK GARMBACK, the court finds that probable cause exists for the accusation.

14. With regard to the accusation of Dereliction of Duty, in violation of R.C. 2921.44, against the accused, TIMOTHY LOEHMANN, the court finds that probable cause exists for the accusation.