Rice family attorneys release new expert reports

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New images released in Tamir Rice case. 11/28/15. Image #1

CLEVELAND – Attorneys for Tamir Rice’s family have released new expert reports which they state shows the shooting of the 12-year-old was unjustified and that statements from the officers are inaccurate.

The new releases include three expert reports analyzing enhanced video stills, which Cuyahoga County Prosecutor Timothy McGinty’s office released last week , and the statements of the officers involved, Timothy Loehmann and  Frank Garmback, which the prosecutor released Tuesday. 

Two of the releases are supplemental reports by Roger Clark and Jeffrey Noble, whose original reports were provided to the prosecutor last week.

“The third report is by Dr. Jesse L. Wobrock, who has a Ph.D. in biomedical engineering from UCLA and has testified as an expert in biomechanics and kinetics hundreds of times all over the country,” the release from the attorneys states.

“Based on this scientific analysis, Dr. Wobrock concludes:

  • Officer Loehmann shot Tamir Rice within less than 1.0 seconds of exiting the vehicle.
  • The toy gun was not visible to either of the officers ​before the shooting and the video shows that at no point in his encounter with the police did Tamir Rice reach into his waistband.
  • Tamir Rice’s hands were in his pockets when he was shot.
  • The movement of Tamir Rice’s elbow and shoulder in frame 123 is Tamir responding to being shot,” the attorneys state.

According to Dr. Wobrock’s report, “In frame 123, Tamir Rice’s right shoulder and arm move upward, with his right elbow bent, in a defensive-type position. Tamir Rice is shot at this approximate point in time. This defensive-type movement causes his jacket to move upward and to the right, which is consistent with the location of the bullet hole in his outer jacket, compared to his abdominal wound. This significant difference is described in more detail below in the “injury” portion of this report. The vehicle is still in motion when Officer Loehmann exits and begins shooting.”

A grand jury has been meeting in the case since late October.

 

The prosecutor’s office has released three expert reports stating while the shooting of Tamir was tragic it was justifiable. 

The officers also read statements to the grand jury earlier this week.  Those statements were released Tuesday. The officers said they thought the gun Tamir had was real. They said they ordered Tamir to put his hands up but instead he reached for his waistband and he was shot .

Tamir had an airsoft pistol that police say looked real.

***Read Roger Clark’s Supplemental Report here.***

***Read Jeffrey Noble’s Supplemental Report here. ***

***Read Dr. Jesse L. Wobrock’s Report here.***

The  Rice family attorneys also sent a letter to Prosecutor McGinty saying they want the officers called back to the grand jury.

“Under well-established law, by reading their self-serving statements to the grand jury this week, the officers waived their Fifth Amendment privilege and are now required to answer questions on cross-examination.  They need to be recalled before the grand jury and compelled to answer questions on cross-examination or held in contempt,” the attorneys say.

Prosecutor Timothy McGinty released this statement on the new reports:

“An investigation is the search for the truth. We welcome and will review all credible relevant evidence from any source. The citizens on the Grand Jury will make the decision in all use of deadly force cases.”

Read more on the Tamir Rice case here.

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