Updated 10:10 a.m. 12/2/15
The Cleveland police officer who fatally shot 12-year-old Tamir Rice last year has given a written statement to investigators.
Prosecutors released statements Tuesday afternoon from Officer Timothy Loehmann, who fired the shots, and from Officer Frank Garmback, who had driven into the park where the boy was playing with a pellet gun.
The written statements, dated Nov. 30, 2015, were given to the Cuyhaoga County sheriff's office before being turned over to prosecutors. An attorney for the two officers says the statements were read to the grand jury. The prosecutors office does not comment on what happens inside the courtoom.
Statement from Officer Timothy Loehmann
Statement from Officer Frank Garmback
Statement from Subodh Chandra, Rice family attorney
"For the prosecutor to allow police officers who are supposed to be targets of a criminal investigation to submit unsworn statements in response to grand-jury subpoenas requiring live testimony is yet again a stunning irregularity that further taints these proceedings. No ordinary citizen who is under investigation would be afforded this special treatment.
"The officers’ statements do not establish that their conduct in shooting Tamir Rice was reasonable. Submitting self-serving, unsworn written statements—rather than appearing live before the grand jury so that the officers' versions of events are subject to vigorous cross examination—shows that these officers know their story will not withstand real scrutiny. The officers' statements are inconsistent with one another and the objective video footage contradicts the officers' claims. Loehmann, for example insists that he observed things and took action that would have been physically impossible for any human being to do in the under 2 seconds it took him to shoot a 12-year-old child. While Loehmann claims to have issued at least three commands in under two seconds, Garmback admits the windows to the police vehicle were up, demonstrating that his partner's claims are false.
"And of course, neither officer explains why they left a 12-year-old boy bleeding and dying on the ground after shooting him.
"The Rice family hopes that the grand jury will see through this and seek justice for Tamir with an indictment."
Statement from Joseph Frolik, director of communications for the Cuyahoga County prosecutor's office
"These plaintiffs lawyers have no idea what went on behind the closed doors of the grand jury. No witnesses, including these police officers, were permitted to give unsworn statements to the grand jury."
Statement from Michael P. Maloney, attorney for Officer Frank Garmback
