Unarmed 12-year-0ld Child Shot Dead By Police. Call That Justice?

We’re about to herald in a new year. 2016. But clearly someone forgot to tell the good old US of A.

I say that because, this week, America stepped back in time.

By more than 150 years to be precise.

Stepped back to a time when black people were not considered good enough to be called second-class citizens. Not even ranked high enough in the food chain to be called second-class, nor were they citizens. They were slaves. At the whim of white people who could, and did ,literally decide if they should live or die.

Now, of course, slavery has been abolished but attitudes have not. White people are still deciding, very arbitrarily it seems, if Black Americans should live or die. Certainly as far as law enforcement is concerned.

Sounds a bit harsh? Well a Grand Jury has just decided that two cops who shot a 12-year-old black child dead should not have to face criminal charges.

Tamir Rice, was playing in a park with an imitation pistol in Cleveland, Ohio. But in the United States, in the 21st Century, that can get you killed. It certainly got Tamir killed. This incident would be laughably absurd if it wasn’t so tragic. It shows many things about American society and sadly none of them good.

Let’s just step through the events as they happened. A panicked citizen makes a 911 call about Tamir who was pulling a gun out of his pants and pointing it at people. You have to remember that this is a gun happy, no make that trigger-happy society. That call was the start of many, many mistakes. If the people involved had been level headed and shown more common sense this tragedy might have been avoided.

The audio of that 911 call was publicly released. On the tape you hear the caller say very clearly, in reference to the gun Tamir had, “ it’s probably a fake but it’s scaring the shit out of people.”

The 911 phone operator, then asks the caller, not once but twice, whether Tamir was black or white as if that is somehow relevant or makes a difference. Who am I kidding? Of course it made a difference. By how much, you are about to find out.

The caller tells the operator that the perpetrator is a child and finishes the conversation by restating that he does not know if the gun is real or a fake. However, NONE of this information is passed on to the police patrol car that responds to this situation. I use the term ‘respond’ very loosely. The patrol car has a rookie cop on board and his field-training officer. They arrive at the park to discover Tamir playing on a swing and in the space of just TWO seconds, that rookie cop Timothy Loehmann shoots Tamir Rice dead. That is how it happened.

A Grand Jury was given the responsibility of finding if the two police officers involved in this should be criminally prosecuted. Cuyahoga County Justice Centre Prosecutor, Tim McGinty, announced that rookie cop Loehmann and his field training officer, Frank Garmback, would not be indicted because of “indisputable” evidence that the officers believed Rice was reaching for a real gun. “Simply put, given this perfect storm of human error, mistakes and miscommunications, by all involved, that day, the evidence did not indicate criminal conduct by police,” McGinty said. “The outcome will not cheer anyone, nor should it.”

McGinty went on to say that Tamir Rice was trying to show the police the gun wasn’t real but the officers had no way of knowing that was what the young boy was trying to do. It was not until after the shooting, with the gun on the ground, that police learned the boy was playing with a replica firearm that shoots nonlethal plastic pellets.

Ok. Let’s take a moment to deconstruct this. The outcome of this seems to have been a foregone conclusion the minute the 911 dispatcher told the patrol car they were about to deal with a black kid armed with a gun in a park.

I was under the mistaken impression that Police in the United States, also carried nonlethal force in the form of pepper spray and Tasers. Both of which, and I’m sure Tamir Rice’s family would agree with me, should have been used instead of lethal force. But no consideration was given to either of those options.

Secondly, why was a rookie cop allowed to take control rather than his more experienced partner? I would think given the rookie’s level of experience, it was the kind of situation he was not qualified to deal with.

Thirdly, I thought Police were supposed to be measured, calm and take time to assess the situation. I can appreciate that sometimes this is simply not possible because of the fast moving nature of an incident.

But in this case it was the Police and not Tamir Rice who were moving at the speed of light. They arrive at the scene and in the space of just TWO seconds, a 12-year-old child is shot dead. That is not responsible policing. That is trigger happy, rogue cop behavior in my opinion.

In a statement, Tamir’s mother, Samaria Rice, said she was “devastated” by the decision and she urged federal officials to pursue civil rights charges.

“I don’t want my child to have died for nothing and I refuse to let his legacy or his name be ignored,” Samaria Rice said. “As the video shows, Officer Loehmann shot my son in less than a second. All I wanted was someone to be held accountable. “We mourn for Tamir, and for all of the black people who have been killed by the police without justice. In our view, this process demonstrates that race is still an extremely troubling and serious problem in our country and the criminal-justice system.”

Yep.

How Can Police Justify Shooting A 12 Year Old Child?

I don’t want this to sound like I’m some kind of armchair critic of the police because they have a tough job to do at the best of times. But something happened in Cleveland that left me dumbfounded, shocked and appalled.

Tamir Rice, a 12-year-old boy, was shot dead by police.

He was a child but he was waving what looked like a black handgun. It turned out to be a BB gun.

Police weren’t to know that or were not prepared to take the risk.

They confronted him and now Tamir is dead.

Let’s just pause for a minute.

A lot of questions need to be asked here. How did this happen? How could it have happened? Why did it happen? How could it be allowed to happen?

Let’s firstly deal with the how and the why.

According to the police account of what happened: A caller tells police “a guy with a gun is pointing it at people” on the swing set at a children’s playground at a local recreation center. The caller says on two occasions that he thinks the gun is “probably fake,” but the person pointing it is scaring people.

Police dispatchers send a radio message to officers that there is “a male with a gun threatening people” outside the recreation center. Officers respond and see the boy pick up what they assume is a black gun, tuck it in his waistband and take a few steps.

Police Officers draw their weapons, telling him to raise his hands. Instead, he lifts his shirt and reaches for the handle of the gun sticking out of his waistband. As he pulls out the gun, one of the officers shoots twice, hitting him at least once in the abdomen.

Tamir is taken to an emergency medical center but dies of his injuries. Police later determine the gun was actually a BB gun, with the orange safety cap removed.

Police later release a statement to further clarify what happened, which said: “Upon arrival on scene, officers located the suspect and advised him to raise his hands. The suspect did not comply with the officers’ orders and reached to his waistband for the gun.

“Shots were fired and the suspect was struck in the torso.”

It added: “Further information reveals that the weapon which the 12-year-old suspect was in possession of is an ‘airsoft’ type replica gun resembling a semi-automatic pistol, with the orange safety indicator removed.”

Now if you break all of this down you get a pretty good idea on what went wrong here. For a start everyone involved gives a completely wrong description of who Tamir Rice really is.

He is not a “guy with a gun” or “a male with a gun threatening people” or a “suspect” and that is a big part of why this went so dreadfully pear shaped.

Tamir Rice is a 12-year-old boy.

He is a child.

Too young and immature to really know what he was doing or what kind of trouble he was causing. If all of those involved in this had simply remembered that simple point, right at the very beginning, the outcome might have been very different and Tamir Rice would be a little wiser but alive.

I know we live in a violent and unpredictable world but since when did it become the police first response to open fire and ask questions later because clearly that is what they did in this case. Asking a 12-year-old to put his hands in the air does not constitute a meaningful question in these circumstances, in my view.

And in any case whatever happened to the simple art of talking to people? Negotiating with them? Couldn’t they have talked to Tamir and found out what the problem was instead of drawing their weapons and responding with lethal force?

That’s what parents do. That’s what teachers do. That’s what any sane or sensible person would do. But it’s what Cleveland police didn’t do. And shame on them.

Cleveland Deputy Chief of Field Operations Ed Tomba said the shooting of 12-year-old Tamir Rice was “very very tragic.”

“We don’t come to work every day and want to use force on anybody,” he said. “That’s not what our job is. We’re part of this community.”

It’s a bit late now to be making those kinds of statements particularly when the circumstances point to the exact opposite being the case.

Deputy Chief Tomba said the boy did not threaten the officer verbally or physically. So I ask why was it necessary to shoot him?

Tamir’s father told reporters that he couldn’t understand why police had failed to use non-lethal force like a taser to subdue Tamir? I guess that is certain to be one of the questions asked at the Grand Jury investigation into this tragedy.

Tamir’s Dad said his son was “respectful” and “minded his elders.” He said he could not understand why Tamir would have ignored what police told him to do.

Which brings me back to the question why was this allowed to happen?

This might be part of the reason. One of the police officers involved in this incident was in his first year in the job. We can only hope that this tragedy will prompt a serious and rigorous review of police procedures in Cleveland.

The police department’s Use of Deadly Force Investigation Team is investigating the shooting and has security camera footage from the recreation center. The officers, directly involved in the shooting, have been placed on administrative leave during the investigation, which is standard procedure for police.

The evidence will eventually be handed over to a grand jury, which will decide whether the officer was justified in using force.

I don’t need a Grand Jury to answer that question. Children are not adults capable of making rational decisions. It is stupid and wrong to think they can. Tamir Rice clearly had no idea what he was getting himself into. He was relying on adults to make the kinds of rational decisions he was incapable of making. Unfortunately for him the adults let him down. There is simply no justification for lethal force to be used to kill a child under any circumstances.

And if I happen to be living in a world that says there is then quite frankly it’s one I don’t ever want to be a part of.