Tamir Rice’s mother, Samaria Rice, is probably reeling in pain after hearing the latest decision in the case of the 12-year-old boy’s fatal shooting by Cleveland police. Ohio’s 8th District Court of Appeals has stated its support of a judge rejecting affidavits from an activist group to charge the two cops involved with Rice’s death for murder.
The activists, also known as the Cleveland 8, sent affidavits directly to Municipal Judge Ronald Adrine with the footage of Rice being killed in a field outside of a local recreational center. The group hoped that Adrine would find probable cause to file charges against Timothy Loehmann and Frank Garmback, the two cops who responded to a 911 call about Rice and later shot him to death.
However, although the judge found that there was enough evidence to charge Loehmann with murder and he and his partner, Garmback, of misdemeanors, Adrine balked at charging the police officers himself. Instead, the judge deferred the motion to county prosecutors. Prosecutors maintain that a grand jury will make the final decision on whether or not the charges will be filed.
In June, the Cleveland 8 approached Adrine after unearthing an obscure state law allowing citizens to bypass prosecutors and file affidavits with judges when they believe a crime has been committed. The group has since made another appeal with a higher court, the Cuyahoga County Court of Appeals, to push lower courts into putting out the arrest warrants.
Mike Nelson, an attorney from the NAACP spoke on behalf of the Cleveland 8 detailing their appeals process and stating that had the plaintiffs are getting special treatment for their status as police officers.
“Any regular citizen would have been charged by now,” Nelson said.