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COLUMBUS, Ohio (AP) —
A white Cleveland police officer was justified in fatally shooting a black 12-year-old boy holding a pellet gun moments after pulling up beside him, according to two outside reviews conducted at the request of the prosecutor investigating the death.
A retired FBI agent and a Denver prosecutor both found the rookie patrolman who shot Tamir Rice exercised a reasonable use of force because he had reason to perceive the boy — described in a 911 call as man waving and pointing a gun — as a serious threat.
The reports were released Saturday night by the Cuyahoga County Prosecutor's Office, which asked for the outside reviews as it presents evidence to a grand jury that will determine whether Timothy Loehmann will be charged in Tamir's death last November.
"We are not reaching any conclusions from these reports," Prosecutor Timothy J. McGinty said in a statement. "The gathering of evidence continues, and the grand jury will evaluate it all."
He said the reports, which included a technical reconstruction by the Ohio State Highway Patrol, were released in the interest of being "as public and transparent as possible."
Subodh Chandra, a lawyer for the Rice family, said the release of the reports shows the prosecutor is avoiding accountability, which is what the family seeks.
"It is now obvious that the prosecutor's office has been on a 12-month quest to avoid providing that accountability," he said. He added that the prosecutor's office didn't provide his office or the Rice family with the details from the reports. He also questioned the timing of the release, at 8 p.m. Saturday on the Columbus Day holiday weekend.
"To get so-called experts to assist in the whitewash — when the world has the video of what happened — is all the more alarming," Chandra said. "Who will speak for Tamir before the grand jury? Not the prosecutor, apparently."
Both experts were provided with surveillance video of the shooting that showed Loehmann firing at Tamir within two seconds after the police cruiser driven by his partner pulled up next to the boy. Police say the officers were responding to a call about a man with a gun, but were not told the caller said the gun could be a fake and the man an adolescent.
The report prepared by retired FBI agent Kimberly A. Crawford concluded that Loehmann's use of force did not violate Tamir's constitutional rights, saying the only facts relevant to such a determination are those the patrolman had at the time he fired his weapon.
Loehmann, she wrote, "had no information to suggest the weapon was anything but a real handgun, and the speed with which the confrontation progressed would not give the officer time to focus on the weapon."
"It is my conclusion that Officer Loehmann's use of deadly force falls within the realm of reasonableness under the dictates of the Fourth Amendment," Crawford wrote, though she noted she was not issuing an opinion as to whether Loehmann violated Ohio law or department policy.
Lamar Sims, the chief deputy district attorney in Denver, also concluded that Loehmann's actions were reasonable based on statements from witnesses and a reconstruction of what happened that day.
Sims said the officers had no idea if the pellet gun was a real gun when they arrived, and that Loehmann was in a position of great peril because he was within feet of Tamir as the boy approached the cruiser and reached toward his waistband.
"The officers did not create the violent situation," Sims wrote in his review. "They were responding to a situation fraught with the potential for violence to citizens."
Another officer who recovered the pellet gun after Tamir was shot told investigators he first thought the gun was a semiautomatic pistol and was surprised when he realized it wasn't real, Sims noted.
Chandra, the Rice family lawyer, says the experts "dodge the simple fact that the officers rushed Tamir and shot him immediately without assessing the situation in the least. Reasonable jurors could find that conduct unreasonable. But they will never get the chance because the prosecutor is working diligently to ensure that there is no indictment and no accountability."
The pellet gun Tamir was holding shoots non-lethal plastic projectiles but its orange markings had been removed.
The killing of Tamir has become part of a national outcry about minorities, especially black boys and men, dying during encounters with police. His death was not the first to roil Cleveland, either: Earlier this year, a white officer prosecuted by McGinty was acquitted in the 2012 deaths of two unarmed black motorists killed in a 137-shot barrage of police gunfire after a high-speed pursuit.
Cleveland and the U.S. Department of Justice are moving forward on a reform-minded consent decree after a DOJ investigation found Cleveland police had engaged in a practice of using excessive force and violating people's rights. That agreement was in the works before Tamir was killed.
SACRAMENTO, Calif. (AP) —
California officials are considering allowing inmates with violent backgrounds to work outside prison walls fighting wildfires, and the idea is generating concerns about public safety.
The state has the nation's largest and oldest inmate firefighting unit, with about 3,800 members who provide critical assistance to professional firefighters. That's down from about 4,400 in previous years, however, and so prison officials are looking for ways to add inmates.
Now, only minimum-security inmates with no history of violent crimes can participate. Starting next year, the California Department of Corrections and Rehabilitation is proposing adding inmates convicted of violent offenses such as assaults and robberies, if their security classification level has been reduced after years of good behavior.
Officials also are seeking to allow inmates who have up to seven years left on their sentences instead of the current five. Arsonists, kidnappers, sex offenders, gang affiliates and those serving life sentences for murder and other crimes would still be excluded.
"All it does is enlarge the pool of inmates we look at, but it doesn't change the nature of the inmate that we put in camp," Corrections spokesman Bill Sessa told The Associated Press. "We still are not going to put an inmate in camp that has a violent attitude."
The changes are pending final approval within the Corrections Department. They still have not been sent to the Department of Forestry and Fire Protection, which says it also must sign off.
The proposal comes at a time when the overall prison population is smaller and drought has created the potential for explosive wildfires like the ones that recently roared through the Sierra foothills and communities north of Napa, in northern California.
Mike Lopez, president of the union representing state firefighters who oversee inmates at fire scenes, supports a robust inmate program but worries about what the proposed changes could bring.
"Any acceptance of criminals with a violent background calls into question the security of our membership," he said, adding, "at what risk is CalFire willing to go to get those inmates?"
CalFire spokeswoman Janet Upton said her agency and corrections officials formed a committee this summer to consider how best to keep the firefighter program adequately staffed. She wouldn't comment on the proposed changes other than to say "nobody is interested in seeing this program go away."
The inmate firefighting program started during the civilian manpower shortage of World War II and now includes a small number of women and juvenile offenders. Volunteers must be healthy and pass a two-week physical fitness training program before they complete two weeks of classes on fighting fires.
Even using only nonviolent inmates has resulted in hundreds of assaults and batteries, along with weapons possessions, indecent exposures and other crimes among inmate firefighters in the last 10 years, according to data compiled by corrections officials and provided at the AP's request. Officials said the rate is much lower than in higher-security prisons.
State Sen. Jim Nielsen, R-Gerber, a former parole commissioner, said it is "unconscionable" to add to the risk by using inmates with a history of violence.
"They're weighing this minor good against a major bad of compromising justice and the safety of our citizens," Nielsen said.
Inmate firefighters are housed in 43 unfenced, minimum-security camps scattered across the state. They are guarded by a few correctional officers but while fighting fires are overseen only by unarmed CalFire captains who direct the inmates as they use hand tools to chew through brush and timberland to create firebreaks to stop advancing flames.
An average of nine inmates escape from the camps each year but since 2011 all but one has been recaptured.
The inmates often are used in rough, remote or environmentally sensitive terrain that is inaccessible to bulldozers. They accounted for nearly one of every five state, federal and local firefighters battling the recent Lake County and Sierra foothills fires.
The program makes inmates eligible for earlier parole, has higher pay and more relative freedom than other inmate jobs, and provides skills they can use once they are freed.
Officials are proposing loosening the rules because the number of available inmates has been shrinking since late 2011. That's when, under court order to reduce overcrowding, California began keeping thousands of lower-level offenders in county jails, leaving a higher proportion of violent and serious criminals in state prisons.
Since then, other initiatives have further reduced the number of potential firefighters.
PANAMA CITY (AP) — The directors of the Trump Ocean Club met July 28 on urgent business. They needed to fire Donald Trump.