Cleveland Officials Now Claim Tamir Rice Caused His Own Death

by Goldie Taylor

Cleveland city officials are standing by the officer who killed 12-year-old Tamir Rice. In a stunning federal court filing, in response to a wrongful death lawsuit brought by lawyers for the Rice family last month, attorneys for the city say the boy caused his own death because he failed to “exercise due care.”

Rice was fatally shot last year by a rookie patrolman, who claims he ordered the boy to put down what turned out to be a toy “airsoft” pellet gun. Officer Timothy Loehmann had been previously fired from another police department, after failing firearms training, and had been deemed unfit for duty. He was later hired by the Cleveland Police Department.

Loehmann and his partner, Frank Garmback, were dispatched to a recreation center and fired within moments of exiting the squad car. A 911 caller told dispatchers that he believed the gun was “probably fake.”

The entire incident was captured on videotape.

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The footage, which has aired on national television, shows Loehmann fired at Tamir within 1 ½ to two seconds of arriving. Loehmann radioed into dispatch with a description of the victim, saying “Shots fired, male down, black male, maybe 20.” Rice, who was left without medical aid for at least four minutes, died the next day in an area hospital.

Later, St. Louis County Police posted a repugnant message on its Facebook page that blamed the boy for his own death. Chief Jon Belmar later apologized.

Represented by attorney Benjamin Crump, who also took on the Trayvon Martin and Michael Brown cases, the Rice family amended its initial complaint listing at least 27 allegations against the city and the officers. In its response, the city denied any wrongdoing and claims “losses” suffered by Rice’s mother and older sister were “directly caused by their own acts.”

The Cuyahoga County Sheriff’s Department is conducting an independent investigation and the case was referred to a grand jury.