Administrative charge letters released for officers involved in Tamir Rice shooting

CLEVELAND-- City of Cleveland officials released administrative charge letters Friday for the officers who were involved in the shooting death of 12-year-old Tamir Rice.

**See those, below**

Police were called to the Cudell Recreation Center on Nov. 22, 2014 for a report of a male with a gun. When Officers Timothy Loehmann and Frank Garmback arrived, they encountered Rice. According to police, they ordered the 12-year-old to drop the weapon three times.

Rice suffered two gunshot wounds and died the next day. The gun turned out to be an airsoft pistol.

Loehmann and Garmback were not indicted in the boy's death.

Administrative charges were announced late Friday.

Officer Timothy Loehmann faces administrative charges which include disorderly, immoral, or unethical conduct while on duty; and fraudulent conduct or false statements in any application or examination for a position in the Civil Service of the City. None of the administrative charges against Loehmann are related to the actual shooting.

CLICK HERE for Officer Loehmann charge letter

Officer Frank Garmback is accused of administrative charges that include neglect of duty, incompetent or inefficient performance of duties, and for failure of good behavior which is detrimental to the service. The charge letter states he did not "employ proper tactics when he operated the zone car up to what was reported to be an armed suspect."

CLICK HERE for Officer Garmback charge letter

Officer William Cunningham is also a part of the investigation. Cunningham was off-duty and working security at the rec center at the time of the shooting.

CLICK HERE for Officer Cunningham charge letter

All three officers face hearings on Jan. 30.

Attorney Subodh Chandra, who is one of the attorneys representing Tamir Rice’s family, said he is disappointed the city’s police chief did not reach out to him prior to the news conference.

“The first time I heard is when Fox 8 called me,” Chandra said. “This adds to the family’s anxiety. I would have thought they would have had more decency and at least give us a heads up.”

According to Cleveland police union attorney Henry Hilow, "The officer who shot Tamir Rice is not facing any discipline for the actual shooting; however, the administrative charges relate to other matters, such as what officer Timothy Loehmann did and didn't say on his application when he got hired." Hilow went on to say, it "doesn't negate that a tragedy took place that day, but there are no charges for his actions that took place that day."

Hilow said legal counsel and the union will back the officers 100 percent.

The Cleveland Police Patrolmen's Association released the following statement Friday evening:

"The CPPA is encouraged that Officer Loehmann has not been charged with any wrongdoing regarding his response to the events of November 22, 2014. There is no question, and there has never been, that the death of Tamir Rice was tragic. Nevertheless, all agree that Officer Loehmann was not wrong in reacting the way he did. It appears that the actual charges are created to discipline him, and perhaps discharge him, despite the fact that he did nothing wrong that day.

It is disappointing that Officer Garmback has been charged with making a tactical error on his approach, when it is apparent that the car slid in the ice and mud well beyond what he intended. Given the speed and gravity of the events on that day, it is hard to imagine that Officer Garmback has been charged with failure to notify the radio dispatcher "immediately."

We are reviewing the charges in detail and will prepare appropriate defenses, as necessary."

More stories on the shooting of Tamir Rice here

Jen Steer January 13, 20175:45 pm

Mayor Frank Jackson reiterates the criminal proceedings are done and there was a civil settlement. The only thing left is administrative charges.

Jen Steer January 13, 20175:48 pm

Police Chief Calvin Williams says they are in the final stages of the administrative process. He has made a recommendation to the director of public safety. 

Jen Steer January 13, 20175:49 pm

Director of Public Safety Michael McGrath says they will give the officers due process and a decision will be rendered. 

Jen Steer January 13, 20175:53 pm

Williams says we’ll get the exact charges once they send out the letters. That’s right after news conference.

Jen Steer January 13, 20175:53 pm

When pressed why they won’t tell the charges now, Williams says they’ve never done that way.