Just under 2 1/2 years since 12-year-old Tamir Rice was shot and killed by Cleveland Police, video of the two officers involved recounting the incident has been released.
The videos, issued by Subodh Chandra, lawyer to the Rice family, show internal interviews with officers Frank Garmback and Timothy Loehmann. Loehmann fired the two shots that killed Rice outside Cudell Recreation Center on Nov. 22, 2014 after police received a report of someone pointing a gun at people.
The two officers, along with a third who was at the scene off-duty, are facing administrative disciplinary charges for how they handled procedure.
Samaria Rice, Tamir's mother, is asking again to have both officers fired. You can read her reaction to these newly released videos at the bottom of this story.
WKYC has cut the two videos down into shorter portions at the top of each section, but the full-length interviews are also included in the story below.
Frank Garmback: 'I didn't know it was a kid'
Officer Frank Garmback recalled the incident starting with a previous call he and Loehmann completed at St. Ignatius church.
As the two were leaving the church, Garmback said radio issued a Code 1 call for a “male at Cudell park, camo hat, grey jacket, black sleeves, waving a gun at people.” An age was not provided.
Garmback said he and Loehmann accepted the assignment as back-up and drove toward the scene with their cruiser’s overhead lights activated. Garmback said he turned off the lights when the car turned from West Boulevard onto Madison Avenue.
“I like to catch perps or suspects,” Garmback said. “If I go lights and sirens, they hear me and they’re not on scene anymore.”
Garmback said he drove “the back way” on W. 100th Street by the fire station in order to catch the potential suspect off guard and to prevent escape. As the car turned onto W. 100th Street, Garmback recalled seeing someone matching the suspect description in the pavilion next to the swings.
The cruiser cut across the grass to keep the suspect from running and Garmback said he warned Loehmann to be prepared for the suspect to run.
The suspect stopped and turned to face the officers and Loehmann shouted, “Show me your hands,” Garmback recalled. He also said Rice did not raise his hands, but instead reached toward his waistband.
“I can see through here, the kid reaching, pulling…” Garmback recounted as he appeared to tear up. “I didn’t know it was a kid. I could see him pulling the gun out of his waistband. I don’t know if I was in or out of the car. I can still see him through the window and I hear shots.”
Garmback said he heard Loehmann fire two shots. He said he ran around the car and could see the suspect on the ground.
“There’s a hand gun a foot or two away from his hand,” Garmback said, noting he kicked the gun away from reach and issued a call for EMS.
“I’m still looking at this kid, he’s reaching still,” Garmback recalled. “We’re telling him, ‘Show me your hands, show me your hands.’ I know I kicked a gun out of the way, but I’m not sure what he’s still doing and he lifts up his shirt. I think he went to show me his wound.”
Garmback said he thought Rice may have had a second gun in that moment.
"We didn't know what he was doing. ...When I realized he was just showing me his wound, that's when I holstered my weapon," he said.
That’s when Rice’s sister ran from the recreation center screaming, “You shot my brother!” Garmback said. Loehmann placed Rice’s sister in handcuffs and put her in the back of the cruiser.
Garmback said he made several pleas for EMS to hurry.
“It seemed like forever for them to get there,” he said.
Another officer and an FBI agent arrived on scene, and Garmback said the agent tried to care for Rice.
“The kid’s airway’s not doing real good,” Garmback recounted. “He’s talking to the kid and the kid’s looking at him. …It’s not looking good.”
Garmback said Rice didn’t say anything as he was on the ground.
“I can see the kid’s eyes rolling into the back of his head,” an emotional Garmback said. “He’s barely breathing and there’s no rescue squad there.”
Garmback claimed once the fire rescue squad arrived on scene, they were urged to quicken their pace.
“Fire comes up, they’re walking so slow,” Garmback said. “Other units on scene tell them, ‘Speed it up, get over there.’ They’re still walking so slow.”
After that, Garmback said he stepped back from the scene and tossed his gloves in the trash.
“I didn’t know what else to do. There’s nothing else I could have done,” he said.
Watch Garmback's full interview in its entirety below:
WKYC Channel 3's Hilary Golston analyzed the Garmback video and filed the below report during WKYC Channel 3 News at 11:
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Timothy Loehmann: 'I thought I was going to die'
Throughout the first 10 minutes of the 50-minute video interview, Loehmann recounts the day Rice died.
Loehmann said he was advised by Garmback to be prepared to draw his weapon in the event they are under fire. He said they used lights and sirens at times throughout their response to the scene, depending on the flow of traffic.
“Immediately, you see a man sitting underneath the gazebo by himself just at a picnic table. As we are getting closer, the male matched the exact description that radio gave us," Loehmann said. “The male was sitting there, and then he turns around and notices our zone car approaching him. The male immediately stands up and he grabs the gun off the table and shoves it in his waistband. … Then, immediately upon that, at that point, I knew he had a gun. So, I opened the door slightly ajar and I had presented my weapon. I started screaming verbal commands. ‘Put your hands in the air! Put your hands in the air! Let me see your hands! Freeze! Put your hands in the air!’ I said it numerous times, loud. I presented my gun through the window.”
Loehmann said he was at least 30 yards away from Rice at that time.
“As we approached closer, the male began to walk away. It appeared like he was gonna take off running. As we got closer, the male turned around and that’s when my partner attempted to stop. I believe we did slide. There were like roots in the grass, I believe, from us trying to stop. So when we finally slowed down enough, I pushed the door open and had my gun presented in my right hand like this and I was still screaming verbal commands," Loehmann recalled. “As we were coming almost to a complete stop, the subject was already facing our zone car. We’re almost at a stop, I would say, a near stop. As he’s turning, he looks at me, he lifts up his shirt and he takes his other hand and reaches down and begins to pull up a weapon, a black gun. At this time, I’m pushing the door open and trying to exit the vehicle. The vehicle could’ve still been moving at a very slow speed because I believe we were sliding a little bit because of the debris. The subject had the gun in the abdomen area almost raised, and I fired two shots. I attempted to take cover and move. In the process of taking cover, I believe I twisted my ankle and slipped and fell. I was on the ground, but when I returned upward, I was leaning on the cruiser because my leg was hurt.
Loehmann said he and Garmback both had their weapons drawn, but Rice failed to comply with orders.
"The male wasn’t complying right away with his hands," Loehmann said. "He was still moving them. He was on the ground, laying on the ground on the cement portion of the gazebo in the picnic table area. Once I got up I began yelling commands again, because like I said he was still moving his hands. Once the male decided to stop moving, my partner approached and kicked what looked like a 1911 model pistol. A handgun, black handgun. Then we approached and observed the male. He pulled up his shirt to show that the gun was removed. He didn’t say anything, he was just pulling up his shirt and it also exposed the wound to the upper abdomen. I’m not sure the order of the sequence, but my partner did render aid. I was observing the scene 360 for other threats.”
Loehmann also recounted the moment Rice’s sister came out and she was placed in handcuffs. He said Garmback had called repeatedly for EMS.
“Once we actually were able to slow down and observe what happened, then we did realize that it was a juvenile. We were not sure of his age, but at that point we could notice that it was a juvenile. Also, the magazine of the 1911 looking model weapon, the magazine fell out of it when Frank kicked it. You could tell it was not bullets in it. It was a BB-type weapon," Loehmann said.
He said he was approximately 10 feet away from Rice when he fired the gun. He also said he's "well-rounded with weapons" and felt Rice's gun appeared to be a 1911 Colt.
“Once we actually were able to slow down and observe what happened, then we did realize that it was a juvenile. We were not sure of his age, but at that point we could notice that it was a juvenile. Also, the magazine of the 1911 looking model weapon, the magazine fell out of it when Frank kicked it. You could tell it was not bullets in it. It was a BB-type weapon," Loehmann said. “We’re taught in the Academy, it’s said that your cruiser is your coffin. I wanted to get out of the cruiser as fast as possible because the male presenting a weapon was an immediate threat to myself and my partner. I reacted in such a way that I was trained and defense, firing two shots and rendering the suspect down.”
Rice never spoke.
“I thought I was going to die because he had a weapon at close proximity," Loehmann said.
Watch Loehmann's full interview in its entirety below:
Reaction:
From Subodh Chandra, attorney representing the Rice family: "The inconsistencies among the officers' video-recorded statements, their prewritten and un-cross-examined supposed 'testimony' to the grand jury, and the video of the shooting underscore how important it is for the safety director, police chief, and mayor at long last to finally hold these officers accountable. The Rice family hopes that these officials at long last comprehend that Clevelanders deserve far better than having these two incompetent individuals continue to carry guns and badges."
From Henry Hillow, representing Officers Frank Garmback and Timothy Loehmann: "On behalf of Officer Frank Garmback and Timothy Loehmann, we find the timing of their Garrity interviews being released to be suspect. These officers are in the process of having their administrative hearings before the Safety Director. This release is intended to undermine their right to a fair and impartial hearing. The City of Cleveland has been in possession of the CIRC investigation that was commissioned by Mayor Jackson and the Chief of Police. The CIRC committee was comprised of cabinet members of the mayor's staff, including the Director or Community Affairs. The city has had the findings of this committee in their possession since the fall of 2016. The CIRC committee concluded no use of force violations. Although there exists no valid justification, we are very concerned that these officers will not receive an unbiased hearing and, they will be fired. The City has a duty to release the CIRC report."
From Samaria Rice, Tamir's mother: “If they don’t be fired it’s gonna be an issue in Cleveland, and they know it. So, they need to fire them. They fired Brelo. They need to fire them officers. I’m just sad and torn and crushed because this tape, I’m just now seeing it.”