CLEVELAND, Ohio – The eight activists, who last week filed affidavits that led a judge to find probable cause for charges to filed against two officers involved in the November shooting of 12-year-old Tamir Rice, are now moving their fight to the court of appeals.
A motion was filed by the activists this morning in the 8th District Court of Appeals. The group, is asking for arrest warrants to be issued for Timothy Loehmann and Frank Garmback.
Last week Cleveland Municipal Judge Ronald B. Adrine found probable cause the two should face charges for the shooting death of Tamir Rice. However, he did not issue warrants for the arrest of the two officers.
Instead, the matter was turned over to the county prosecutor’s office for review.
“The Honorable Judge Ronald Adrine failed to perform and it is apparent that no valid excuse can be given for not doing as the statue requires,” the motion states.
Prosecutor Tim McGinty has said he will review the Cuyahoga County Sheriff’s investigation of the shooting and then take the case to a grand jury to determine if any charges should be filed against the officers.
Police shot and killed Rice last November. They received a call about a male pointing a gun at people outside the Cudell Recreation Center. Investigators found he had an air soft pistol that looked like a powerful handgun.