A report released on Saturday claims that Loehman was “distraught” after he realized that Tamir, who was holding a toy gun on a playground when he shot him, was only a young child.
“He gave me no choice. He reached for the gun and there was nothing I could do,” Loehmann allegedly said to a fellow officer immediately following the shooting.
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Rice died the day after he was shot twice outside a city recreation center. Loehmann and his partner, Frank Garmback, were responding to a 911 emergency call about a man with a gun but it turned out to be a replica.
The Cuyahoga County sheriff’s department launched the investigation in January, completed it last week and presented it to the prosecutor.
The report did not reach any conclusion about the culpability of the officers.
But prosecutors can use the findings in presenting the case to a grand jury, a panel that would have the power to decide whether to bring criminal charges against one or both of the officers.
Earlier this week, Cleveland Municipal Court Judge Ronald Adrine found probable cause to charge Loehmann with murder, involuntary manslaughter, reckless homicide, negligent homicide and dereliction of duty. He recommended charging Garmback with negligent homicide and dereliction of duty charges.
The grand jury can choose to follow those recommendations, amend them or bring no charges whatsoever against the officers.