From [HERE] Two of the Cleveland Police employees involved in the deadly shooting of Tamir Rice have been disciplined. Both are white. The actions suspensions involve the dispatcher and an officer who was off duty and working security at Cudell Recreation Center that day: Nov. 22, 2014. 12 year old Tamir Rice was shot and killed at the gazebo outside the center by white cops. Officer Timothy Loehmann fired the fatal shot. The cops then failed to promptly give him first aid.
Call-taker Constance Hollinger was suspended for eight days because she didn't tell Loehmann and his partner that a 9-1-1 caller told her the gun may have been fake and that Rice may have been a juvenile.
Hollinger took the initial 911 call from a white man outside Cudell Recreation Center. In Cleveland, dispatchers then call police - officers do not hear the 911 call. Patrol Officer William Cunningham was suspended for two days because he didn't have permission to work at Cudell.
Anatomy of an Episode of White Supremacy. A criminal conspiracy is an agreement by two or more persons to commit a criminal act or a series of criminal acts, or to accomplish a legal act by unlawful means. To make the required agreement, a defendant need not know the details of the criminal plan ; the agreement can be inferred from a concerted action of two or more people where each has knowledge of the other's actions. Persons in a conspiracy need not know what each person's role is. The general rule is that each conspirator, while a member of the conspiracy, is liable for every offense committed by all other conspirators in pursuance or furtherance of the conspiracy, even if the particular conspirator neither participated in the offense nor expressly knew of its commission.
Like a criminal conspiracy, white supremacy/racism is an agreement among racists to demean or act genocidally towards non-whites. Here, a group of racist suspects acted together in a chain of events to harm a Black teenager. It was not personal - but to the extent that each actor may have been a racist - it was racial.
1. Racist suspect white man calls 911, sounding calm [or drunk] talking about, "Hi. How are you. [pause] I'm sitting in the park and there is a guy here pointing his gun at everybody. He is wearing a camouflage hat, like Desert Storm." The caller subsequently said he was “probably a juvenile” and that the weapon was “probably fake. But he said enough. He gave the impression a Black man, possible a military veteran, is at a park filled with people, threatening them with a gun. The caller knew what could happen, that's probably why he called. He doesn't sound scared either.
[Similar to Nazi Germany, with regard to non-whites, especially Black males, racist suspects function as an auxiliary police force. They are watching YOU. If Anything you do makes them feel uncomfortable they will call the cops on you. Check out what happened to the Black grad student getting into his own car, this Dartmouth graduate going into his own home, or the brother riding the BART in Oakland or this Black man reading a book in his car, and on & on. 'In the context of White American domination there is no innocent Black male, just Black male criminals who have not yet been detected, apprehended or convicted. Their mere presence inspires in White Americans, fears of being assaulted, raped, robbed, or some other indefinable dread of being criminally victimized.' [MORE]]
2. Racist suspect dispatch Hollinger calls white cops and tells them a Black male wearing a camaflouge hat with a gun is at the park threatening people with a gun, waving it at people. She fails to relay the details that he is “probably a juvenile” and that the weapon was “probably fake" to the responding officers. In other words, she purposefully provided incomplete information or mislead the cops. Hollinger also knew that the caller was calm and was not in any immediate danger. Despite the caller's allegation that suspect was threatening "people" at the park, Hollinger knew that no one else had reported the incident. She may have also given cops the impression that there was a group of "people" at the park. Dispatch has now effectively programmed white cops to believe an on going emergency is taking place. Was this a mistake [negligence] or done intentionally [criminal]?
3. When the racist suspect Cleveland cops arrived on the scene information from the police radio run was not corroborated. 1) No "guy" or grown man was present - only a 12 yr old child. 2) There were no people around - the child was alone, park empty. The white man who called 911 moments ago was not there. So no ongoing emergency existed. 3) Contrary to white media accounts no gun was visible when cops arrived - apparently the toy gun was in the child's pants and out of sight when police arrived- as his hands appear to be empty and near his stomach. Based on what cops saw as they arrived there was no reasonable articulable suspicion that a crime was going on and no reason to believe that Tamir was committing a crime. [With regard to an anonymous tip, the Supremes have said that apart from the tip the officers must have a reason[s] or facts to suspect an individual of illegal conduct AND police must have predictive information that can be corroborated. [MORE] and [MORE]. The Court has specifically said that an anonymous tip about alleged gun possession by itself will not justify a stop or seizure. [MORE]] The white media continues to show photos of Tamir with a toy gun in his hand before cops got there. As stated, when cops arrived the gun was out of sight. In evaluating the legality of a stop all that matters is what the cops knew and what they saw at the time of the stop; that is, the first hand knowledge the cops had in the present moment of the stop. A court will only consider what an officer observed or knew at the time of the stop. What cops subsequently learned from records checks, videos, court records or from the media is not relevant to whether their actions were consitutional.
So here, there was no 4th Amendment basis to stop, seize or use force on Tamir. Without probable cause the cops should have simply investigated the situation. Instead, the cops exited the car with their guns out and had there minds made up to kill a nigger. He was shot less than two seconds after the patrol car stopped near him. Police claim he reached for his waistband as they came at him. The toy gun was found in his waistband -- that is he was not holding it. Conspiracy complete. In what way did other racist suspects participate in this episode? [MORE] and [MORE]
Loehmann and his partner Officer Frank Garmback will soon have hearings with the city; they could be fired as a result of the charges they are facing.
When On Your Side Investigators questions city officials about why it's taken so long to discipline the officers, Chief Williams told us the officials wanted to be as thorough as possible with their review of the shooting.
A grand jury refused to file any criminal charges against Loehmann and Garmback in December 2015. The officers were under an administrative investigation following the grand jury announcement.