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CLE Law Dept. reviewing Rice charges request

Posted at 9:01 PM, Dec 31, 2015
and last updated 2015-12-31 21:02:02-05

Cleveland Mayor Frank Jackson confirmed that city law director Barbara Langhenry is reviewing a request for charges against the officers involved in the police shooting death of 12-year-old Tamir Rice.

The request was filed by Ward 10 Councilman Jeff Johnson in a one-page letter to the city law department, asking that Negligent Homicide and Dereliction of Duty charges be filed against officers Timothy Loehmann and Frank Garmback. 

Jackson made it clear during a Dec. 31 news conference at city hall that Langhenry is carefully going over the request.

"The law director has already started a process of reviewing that request to see if in fact there is something in there," said Jackson.

Johnson explained why he believes the officers should face the first-degree misdemeanor charges, based on  the way Loehmann and Garmback rolled up on the scene just before the November 2014 shooting.

"There is duty to approach, to assess, to make the right determination," said Johnson. "That was taken away from Tamir, and that's why I believe their negligent act of how they approached, how they got out of the car and pulled a gun and shot within two seconds, was negligence that led to his death."

Johnson made his request after a Cuyahoga County Grand Jury ruled on Dec. 28 that no criminal charges should be filed against the officers.

Johnson explained the first-degree misdemeanor charges carry a maximum of six months in jail.

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