Preamble to Citizen Participation Rights

8/8/2019 Preamble to Citizen Participation Rights

1/131

IN THE CLEVELAND

MUNICIPAL COURT

CLEVELAND OHIO

IN

RE:

TIMOTHY

LOEHM NN

FR NK

GARMBACK

JU GE

PREAMBLE AFFIDAVIT of Person

Having Knowledge of Offense R.C

2935.09

2935.10

PREAMBLE

CITIZEN PARTICIPATION

RIGHTS

The Crime

Victims

Right Act (CVRA) of2004,18 U.S.C. §

3771

states in pertinent part:

(a) RIGHTS OF CRIME VICTIMS.-A crime victim has the

following rights:

(1)-(6) ***

(7) The right to proceedings free

from

unreasonable delay.

(8) The

right

to be treated

with

fairness and with respect for the

victim's dignity and privacy.

The reasonable mindedcitizenry ofOhio perceive an injustice in the deadly use of

force against Tamir Rice. Tamir

Rice

was a

twelve

year oldAfrican-American boy

allegedly playing

with

a toy gun at a Cleveland, Ohio playground. The police's use of

deadly

force

was

fatal, unconscionable,

tha t we deem

criminal in nature.

ClevelandPoliceofficers FrankGarmback and

Timothy

Loehmann are

public

servants . They swore to uphold

and

enforce laws in

and

for the people of

the

State of

Ohio. In reality, these Police Officers Loehmann

and

Garmback

act

on behalf of all the


2/131

residents

of Cleveland. When

as

In this case their behavior itself, is viewed to be

criminal; the private citizen has a statutory right to ac t on behalf of the peace and dignity

of t he S tat e o f Ohio s

defined

in Ohio Revised Code 2935.09 and 2935.10. The

private citizen is entitled to

charge

a crime on behalf of

the

people.

Federally, Crime victims' interest

within

judicially crafted procedures is a concept

well supported by our United

States

Supreme Court. Before the advent of meaningful

federal victims' rights, enacted inThe Crime Victims RightAct of 2004, the United

States Supreme Court endorsed crime victims'interest in the

following

cases:

Morris

v

Siappy, 461 U.S. 1 (1983);

Payne

v Tennessee, 501 U.S. 808 (1991); and Calderon v

Thompson. 523 U.S. 538 (1998).

InPayne, the concurring Justices, Scalia, O'Connor,

and

Kennedy acknowledged

the

s end n e

of crime

victims

interest.

Justice Marshall has also explained that '[tjhe jurist concerned with public

confidence in, and acceptance of the judicial system might wellconsider

that, however admirable its resolute

adherence

to

the

law

as

it

was

a

decision contrary to

the

public

sense

of justice

as

it is, operates, so far

as

it is known, to diminish respect for the courts and for law Itself.' [Tjhat a

crime's unanticipated

consequences must

be

deemed

Irrelevant' to

the

sentence conflicts witha publicsense of justice keen enough that it has

found voice in a nationwide victims' rights movement.

The Justices' concurrence in Payne understates the public

sense

of justice today.

Moreover, a review of electoral passage

rates

of constitutional amendments

guaranteeing

state

victims' rights reveals that it is not unusual for them to

pass

by

70-90 .

Similarly

the initial UnitedStates Senate version of the

CVR

passed with a

96-1 vote Infavor. The

Bill became

H.R. 5197 passing with a 394-14

votes

in

the

United States

House

of Representatives

and

unanimous consent in

the

United States


3/131

enate

In Calderon, the Supreme Court of the United States observed

that

to unsettle

expectations in

the

expectation of moral judgment is to inflict a profound injury to

the

powerful and legitimate interests in punishing the guilty, an interest shared by the State

and the victims of crime alike.

The

Calderon court s language is an expressed

recognition that the state s interest in timely punishment is not exclusive, but is shared

by victims. Calderon

preceded

the CVRA and any statutory authority.

InOhio, any person, including victims, has a substantive right pursuant to Ohio

Revised Code 2935.09 and 2935.10 whereby codifying any person s interest in finality

as

being powerful

and

legitimate.

Ohio has legislatively crafted provisions that create a right for a pr ivate person to

prosecute a crime and address conduct against

the

peace

and

dignity of Ohio.

The Integrity of The Grand

Jury

Process

In United

States

v Williams, 504 U.S. 36 (1992), Justice Scalia opined about

the

purpose

of

the

Grand Jury. Simply, the Grand Jury is not

designed

to function

as an

exculpatory body. Any person or

accused does

not

have

the right to present or discuss

what if

any

defenses

are

available. Justice Scalia indicated:

It is

the

grand jury s function not to enquire . .. upon what foundation [the

charge

may

be]

denied,

or othenwise to try the suspect s defenses, but

only to

examine upon what

foundation [the charge] is made by the

prosecutor.

Respublica

v. Shaffer, 1 Dall.

236

(O. T. Phila. 1788);

see

also

F.Wharton, Criminal Pleading and

Practice

§ 360, pp.

248-249

(8th ed.

1880). As a consequence, neither In this

country

nor In

England

has

the

suspect under Investigation by the

grand

jury ever been thought

to have a

right

to testify o r to have exculpatory evidence

presented.

These

Officers

are

not permitted

at

law to have expert testimony, their own self-


4/131

serving testimony, and all other evidence wielded at the sole discretion of th e prosecutor

presented in their defense behind the door of secrecy. This is especially true when the

suspected

criminal is granted

the

exception of being labeled

th e accused

via a criminal

charge

At

an y

rate

th e

issue of probable cause for

an

arrest ha s no bearing upon

th e

function of an y Grand Jury proceeding.

Such

is

th e

expectation in all other cases not

involving police officers suspected of a crime.

Any application of law disparate towards police officers

as opposed to private

citizens would neither preserve nor enhance th e traditional functioning of th e grand jury

t ha t t he common law of th e Fifth

Amendment demands

To th e contrary, permitting th e

prosecutor to

present

exculpatory as well as inculpatory evidence would alter th e grand

jury s historical role, transforming it from an

accusatory

body that sits to assess whether

there is adequate basis for bringing a criminal

charge

into an adjudicatory body that sits

to determine guilt or Innocence. Because it ha s always been thought sufficient for

th e

grand jury to

hear

only th e prosecutor s side, an d consequently

that

th e suspect ha s no

right to present, a nd t he grand jury no obligation to consider, exculpatory evidence, it

would be incompatible with

th e

current

system

to

impose

upon th e prosecutor a legal

obligation to present such evidence. Moreover, motions to quash indictments based

upon

th e sufficiency of the evidence relied

upon

by t he g ra nd jury

have

never

been

allowed,

an d

it would

make

little

sense

to

abstain

from reviewing

th e

evidentiary

support

for th e

grand

jury s

judgment

while scrutinizing

th e

sufficiency of th e

prosecutor s

presentation

We

th e

undersigned residents have had

th e

opportunity to view

th e

surveillance


5/131

video from the Cudell Recreation Center, Cleveland, Ohio, that captures the criminal

ac t

of the

killing

of Tamir Rice.

The

surveillance video

was released

by

the

City of Cleveland

as

such

self-

authenticating.

We all have knowledge of

the

sequence of events from one or mor e of our five

natural

senses. See

City of Cleveland v Weaver 1983), 10 Ohio Misc. 2d 15.

We

have attached

a

copy

of

the

same surveillance video in its

released

form from

the City of Cleveland and a form

that

contains a

super imposed

stopwatch.

WHEREFORE,

w e the

undersigned accuse Officers Timothy

Loehmann

and Frank

Garmback of crimes

against

the people of Ohio. So

says

the

people, for the people and

by

the people.

vin. Pastor

Baptist Church

[Edward Little Jr.

Criminal Justice

Consultant

r.

Joseph

Wortt

Organizer, Children s

Defense

Fund

Mr.

Bakari Kitwana Author

Hip-Hop Generation

Respectfully Submitted,

/ P

Of

Rhonda Y^fliams

Social

Jd st/ce

Institute

r

pM.yverijIbn

Sr. Pastor

T he v wr d

Church

Ms. JiiJia

A.^eafsdit

Executive Dir.

Council

on

American Islamic Relations

Ohio Affiliate, Cleveland Chapter

Ms.

Ractlel le

Smi th

Commun ity Activist


6/131

IN THE

C L E V E L A N D

MUNI IP L OURT

CLEVELAND

OHIO

IN

RE:

TIMOTHY LOEHM NN

F R A N K G A R M B A C K

STATE

O F OHIO

COUNTY

O F

C UYAHOGA

)SS:

)

JU D G E

AFFIDAVIT

of Person Having

Knowledge ofOffense R.C.

2935.09

2935 10

Aggravated Murder R.C. 2903.01

Now comes Edward Little,Jr., and after being duly sworn according to law,

deposes and states that he isof full legal age, has personal knowledgeofall the matters

stated herein, and is otherwise competent to testify to the matters set forth below.

Further, affiant states the following:

1. My name is Edward Little, Jr..

Z I am a resident of Cuyahoga County and have been a resident of

Cuyahoga County for more than six months 6 prior to this affidavit.

3. I have had the opportunity to view the surveillance video from Cudell

Recreation Center that captures the unlawful killing ofTamir Rice.

4. FrankGeirmback and TimothyLoehmann are public officials pursuant

to R.C.2921.01 A); and employed by the

Qty

of Cleveland Division of

Police


7/131

10.

Frank Garmback, on or about November 22,2014 was serving as the

Field TrainingOfficer to rookie officer Timothy Loehmann.

FrankGarmback

was

driving the city issued police cruiser. Timothy

Loehmann was the passenger.

Both FrankGarmback and Timothy Loehmann have been trained and

famil iarized with the cr iminal l aw s o f the Rev is ed Code.

11. On November 22,2014, Tamir Ricewas a 12-year-old boy playing with a

toy at a City Playground. Ohio is an open carry state.

12. At aUtimes, FrankGarmback, acting with the kind of culpability required

for the commission of the offense: Aggravated Murder, was complicit

with Tim Loehmann in the unlawful killing of Tamir Rice

2923.03

13. Timothy Loehmann purposefully, caused the death ofTamir Rice, a

person who was under thirteen years of age on November 22,2014.

(2903.01)

14. Timothy Loehmann s use of deadly force was unreasonable. The Sixth

Circuit has recognized that a suspect s mere possession of a weapon is

not enough to satisfy [anofficer s] burden of establishing that the use of

force was reasonable. Bouggess v Mattingly, 2007 , 482 F.3d 886.

FURTHER AFFIANT SAYETH N U HT

ard Little, Jr.

Sworn to

and

subscribed in my presence day of

June,

2015.

MICHABLLNELSON.SR.

-

L

AiemtyAtLaw

NOTARY PUBUC

STATIOFOHtO

tHyCommlMlonHit

NoEipiralionOilt

Secticn 147.0

O.R.C.


8/131

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9/131

IN

THE CLEVELAND MUNICIPAL COURT

CLEVELAND

OHIO

N RE:

TIMOTHY

L O E H M A N N

F R A N K C A R MB A C K

STATE O F

O O

COUNTY

O F

C UYAHOGA

)SS:

)

JUDGE

AFFIDAVIT of Person Having

Knowledge of Offense R.C.2935.09

2935 10

Murder

2903.02 B)

Now comesEdward Little,Jr., and after being duly sworn according to law,

deposes and states that he is of full legal age, has personal knowledge of all the matters



1. My

name

is Edward Little, Jr..

2. I

am

a resident of Cuyahoga County

and

have been a resident of

Cuyahoga County for more than six months 6)prior to this affidavit.

3. I have

had

the opportunity to view the surveillance video from Cudell

RecreationCenter that captures the unlawful killing ofTamir

Rice

4. Frank Carmback

and

Timothy Loehmann are public officials pursuant

to R.C.2921 1 A);

and

employed by the

Qty


Police


10/131

FrankGarmback, onor aboutNovember 22,2014 was servingas the

Field Training Officer to rookie officerTimothy Loehmann.

6. FrankGarmback wasdriving the cityissuedpolicecruiser.Timothy

Loehmannwas the passenger.

10. Both Frank Garmback

and

Timothy Loehmann have been trained

and

familiarized

wit h t he criminal l aw s o f t h e Revised Code.

11. On November 22,2014, Tamir Ricewas a 12-year-old boy playingwith a


12. At all times, Frank Garmback, acting with the kind of culpability required

for the commission of the offense:Murder, was complidtwithTim

Loehmann in the unlawful killing of Tamir Rice R.C. 2923.03

13. Timothy Loehmann purposely caused the death of Tamir Rice, as a

proximate result of committing or attempting to commit an offense of

violence lhat is a felony of the first or second degree that is not a violation

of section 2903.03 or 2903.04 of the RevisedCode, to wit: knowingly

caused or attempted to cause physical harm by means of a deadly weapon

or dangerous ordnance.

14. Timothy Loehmann s use of deadly force

was

unreasonable. The Sixth


not enough to satisfy [an officer s] burden of establishing that the use of

force was reasonable. Bouggess v Mattingly, 2007 , 482F.3d886.

F U R TH E R A F F IA N T SAYETH

Sworn to and subscribed in my presence this ^ day ofJune, 2015

ublic

MICHAELLNELSON SR.

Allom«yAllaw

1 NOTARY PUBUC

; STATCOFOHIO

MyCofiwriMion

Km

^-1-

NoExpiralfonOate

Section

147.03

O.R.C.


11/131O

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WO

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wu


12/131

IN

TH E

CLEVELAND

M U N IC IP A L C O U RT

CLEVELAND OHIO

IN RE:

T I M O T H Y LOEHM NN

FR NK G A R M B A C K

S T A T E OF OHIO

C O U N T Y OF

UY HOG

)SS:

)

TUDGE

AFFIDAVITof Person Having

Knowledge of Offense R.C.2935.09-

2935 10

Involuntary Manslaughter 2903.04 6)

Now comesEdward Little,Jr., and after being duly sworn according to law,

deposes

and

states that he is of full legal age, has personal knowledge of all the matters




2. I am a resident of Cuyahoga County and have been a resident of

Cuyahoga County for more

than

six months 6) prior to this affidavit.

3. I have

had



Rice

4. Frank Garmback and Timothy Loehmann are public officials pursuant

to RC 2921 1 A); and employed by the Qty of Cleveland Division of

Police


13/131

5. FrankGarmback,

on

or about November 22,2014 was serving as the

Field TrainingOfficer to rookie officerTimothy Loehmann.

6. Frank Garmback was driving the city issued police cruiser. Timottiy


10. Both Frank Garmback and Timothy Loehmann have been trained

and

famil iarized

wi th t he

cr iminal

laws of the Revised

Code

11. On November 22,2014,Tamir Ricewas a 12-year-old boy playing with a

toy at a City Playgroimd. Ohio is

an

open carry state.


for the commission of the offense: Involuntary Manslaughter, was

complicit withTim Loehmann in the unlawful killing of Tamir Rice

R.C.

2923.03)

13. Timothy Loehmann caused the death of Tamir Rice, as a proximate result

ofcommittingor attempting tocommita misdemeanor of any degree, a

regulatory offense, or a minor misdemeanor to wit: No public servant

shall recklessly fail to perform a duty expresslyimposedby law with

respect to the public servant s office, or recklesslydo any act expressly

forbidden by law with respect to the public servant s office. R.C.2921.44

Dereliction of duty, R.C.737.11

14. Timothy Loehmarm s use of deadly force was unreasonable. The Sixth



force was reasonable. Bouggessv Mattingly,

2007 ,

482F.3d886.

F U R T H E R

FFI NT

S Y E T H N U

HT

Edward

Little

Jr

Sworn to

and

subscribed

in

my

presence this

^

day

of

June

2015

•J^tar/PuBfic

MK»ABLLNBIS0N,8R.

c t. Attorney AtUw

S NOTARY

PUBLIC

2 I STATEOF OHIO

^ ^ Commission

Has

Cato

Sectton147.03O.R.C.


14/131

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15/131

IN

T H E

CLEVELAND

M U N I CIP A L CO U RT

CLEVELAND

OHIO

IN RE:



STATE

O F

OHIO

COUNTY

O F C U YA H OG A

SS:

lU GE

AFFIDAVIT

of Person Having

Knowledge ofOffense R.C. 2935.09

2935 10

Reckless

Homic ide

2903 041

Now comesEdward Little, Jr.,and after being duly sworn accordingto law,




1. My

name

is

Edward

Little, Jr..

2. I

am

a resident of Cuyahoga County and have been a resident of



RecreationCenter that captures the unlawful kilting ofTamir

Rice.

4. FrankGarmback

and

Timothy Loehmaimare public officials ptursuant

to RC.

2921.01 A ;

and employed by the City of Qeveland Division of

Police


16/131

10

FrankGarmback, on or about November 22,2014 was serving as the


Frank Garmback

was




famil iarized wi th t he

criminal

l aws o f t he Revised Code




for the commission of the offense;RecklessHomicide, was complicit with

TimLoehmann in the unlawful killing of Tamir Rice

R.C.

2923.03)

13. Timothy Loehmann recklessly caused the death of Tamir Rice (R.C.

2903.041)



not enough to satisfy [an officer s]burden ofestablishing that the use of


2007),

482F.3d886.

FURTHER AFFIANT SAYETH

NAUGHT

Edward Little, Jr.

Sworn to and subscribed in my presence this.

.day of

June

2015.

o t a fvPdblic

SR

lCHAB-UNHaON,

AHomeyMW

notary PIJUC

STATE

OF

OHIO

v

Commiwio ̂ H«»

^ xphtttonSSV

Sedion

147.03 O.R.C.


17/131


18/131

IN TH

C L E V E L A N D M U N I C I P A L C O U R T

CLEVELAND

OHIO

IN

RE:

TIMOTHY

LO HM NN

FR ANK G A R M B A C K

STATE

O F OHIO

COUNTY

O F

C UYAHOGA

)SS:

)

TUDGE

AFFIDAVITof PersonHaving

Knowledge of OffenseR.C. 2935.09

2935 10

Negligent

Homicide 2903.05

Now comes Edward Little,Jr.,and after being duly sworn according to law,






CuyahogaCounty for more than sixmonths 6 prior to this affidavit.



Rice.

4. Frank Garmback and Timothy Loehmarm are public officials pursuant

to R.C.

2921.01

A);

and

employed by the City of Cleveland Division of

Police


19/131

5. Frank Garmback, on or about November 22,2014 Wcis serving as the


6. Frank Garmback

was




and


and

famil iarized with

the criminal

l aw s o f

the

Rev is ed Code.


toy at a Gty Playground. Ohio is an opencarry state.


for the commission of the offense:NegligentHomicide, was complicit

with Tim Loehmann in the unlawful killing ofTamir Rice

R.C. 2923.03

13. Timothy Loehmann negligently caused the death of Tamir Riceby means

of a deadly weapon (R.C. 2903.05)


Circuithas recognizedthat a suspect s mere possessionof a weapon is

not enough to satisfy

[em

officer s] burden of establishing that the use of


2007 ,

482F.3d886.

FURTHER

I NT

SAYETH NAUG:

Edward Little, Jr

Sworn to

and subscribed inmy presence

this

Q

day

of

June, 2015.

Notary Public

MICHAEL

L

nelson sr.

^ ^ Attorney AtLaw

: NOTARYPUBLIC

: STATE OF OHIO

^ Commission

Has

2 NoEkpIWIwO

>S.9.W S«lion147.0aO.R.C.


20/131

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21/131

IN

TH E

CLEVELAND

M UNI C IPAL C OUR T

CLEVELAND

OHIO

IN

RE:

T I M O T H Y

LO HM NN

FR NK

G A R M B A C K

STA TE OF OHIO

C O U N T Y OF C U Y A H O G A

)SS:

)

JUDGE

AFFIDAVITof PersonHaving

Knowledge of Offense R.C. 2935.09

2935 10

Dereliction of Duty R.C. 2921.44

Now comesEdward Little, Jr., and after being duly sworn according to law,


stated herein,

and

is otherwise competent to testify to the matters set forth below.



2. I am a resident of Cuyahoga County

and


Cuyahoga County for more than six months 6) prior to this «iffidavit.


Recreation Center that captixres the unlawful killing ofTamir Rice.

4. Frank Garmback

and

Timothy Loehmann are public officials

pursuant

to R.C.

2921 1

A); and employed by the City of Qeveland Division of

Police


22/131

5. FrankGarmback, onor

about

November 22,2014 was serving as the


6. Frank Garmbackwas driving the city issued police cruiser. Timothy

Loehmann

was the passenger.


and

famil iarized with

the criminal l aw s o f t he

Rev is ed Code.


toy at a

Qty

Playground. Ohio is an

open

carry state.

12. Frank Garmback recklessly failed to perform a duty expressly imposed by

law with respect to the public servant s office,or recklessly did any act

expressly forbidden by law

with

respect to the public servant s office.

13. Timothy Loehmann recklessly failed to perform a duty expressly imposed

by law with respect to the public servant s office, or recklessly


23/131

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24/131

IN

T H E

CLEVELAND


CLEVELAND

OHIO

IN RE:

T I M O T H Y

LO HM NN


STATE

OF OHIO


)SS:

)

JUDGE


Knowledge ofOffense

R C 2935 9

2935 10


Now comes Bakari Kitwana, and after being duly sworn according to law,




1. My name is Bakari Kitwana.



than

six months 6)prior to this affidavit.


Recreation Center that captures the unlawful killing ofTamir Rice

4. Frank Garmback

and


to R.C.2921.01 A);

and

employed by the

Qty

of Qeveland Division of

Police


25/131

5. FrankGarmback,on or about November 22,2014 was serving as the

FieldTrainingOfficer to rookieofficerTimothy Loehmann.

6. FrankGarmbackwas driving the city issued policecruiser. Timothy


10. BothFrankGarmback and Timothy Loehmann have been trained and

familiarized

wi th t he criminal l aws o f the Revised Code

11. On November 22,2014, Tamir

Rice

was a 12-year-oldboy playing with a

toy at a City Playgroimd. Ohio is an open carry state.

12. At all times, FrankGarmback, acting with the kind of culpability required

for the commissionof the offense:Aggravated Murder, was complicit

withTim Loehmann in the unlawful killing ofTamir Rice

2923.03

13. Timothy Loehmann purposefully, caused the death of Tamir Rice, a


(2903.01)





FURTHER AFFIANT SAYETH NAUGHT

akar iKi twam

Sworn to and subscribed in my presencethis ^ day ofJune,

2015

MICHAEL L NELSON, SR.

Attorney At Law

NOTARY PUBUC

STATE

OF OHIO

MyCommission n

, No E)q)irstion1Mt

^

Section 147.03

O.R.C.


26/131

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27/131

IN THE

C L E V E L A N D

MUNI I P L OURT

CLEVELAND

OHIO

IN RE:



STATE O F OHIO

C O U N T Y

OF UY HO

)SS:

)

TUDGE

AFFIDAVIT

of Person Having


2935.09

2935 10

Murder

2903.02 B)

Now comes BakariKitwana, and after being duly sworn according to law,

deposes and states that he is of full legal age, has personal knowledge ofall the matters





Cuyahoga County for more than six months

6

prior to this affidavit.

3. I

have had


Recreation Center

that

captures the unlawful killing of Tamir Rice.

4. FrankGarmback

and

Timothy Loehmarm are public officials pursuant

to R.C.2921.01 A);

and

employed by the

Qty

ofCleveland Division of

Police


28/131

10

FrankGarmback, on or aboutNovember 22,2014 was serving as the


FrankGarmback was driving the city issued police cruiser. Timothy


BothFrankGarmback

and


and

famil iarized with

the criminal laws of

the Revi sed Code



12. At all times, FrankGarmback, acting with the kind of culpability required

for the commission of the offense:Murder, was complicit with Tim

Loehmann in the unlawful killing ofTamirRice (R.C.2923.03)

13. Timothy Loehmannpurposely caused the death of Tamir Rice,as a

proximate result of committing or attempting to commit an offense of

violence that is a felony of the first or second degree that is not a violation

of section 29 3 3 or 29 3 4 of the Revised Code, to wit: knowingly

caused or attempted to cause physical harm by means of a deadly weapon

or

dangerous ordnance.


Circuit has recognized that a suspect s merepossession of a weapon is


force was reasonable. Bouggess v Mattingly, (2007), 482 F.3d 886.

FURTHER AFF IANT

SAYETH

NAUGHT

Bakan

Kitw

Sworn to and subscribed in my presence this.

F

day of June 2015.

lotary PuBlic

> MICIIAEL1.NELS0N.SR.

AMmtyAtLiw

f \ NOT RY PU LIC

: • • STATE OF OHIO

My

Commission Has

NoExpiration Data

Section 147.03 O.R.C.


29/131

>i

.^08J3K-J

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wsiiAvamottA

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noi}092


30/131

IN

THE

CLEVELAND


CLEVELAND

OHIO

IN RE:

TIMOTHY

L O E H M A N N

FR ANK GARMBACK

STATE

O O IO

COUNTY O F C U Y A H O G A

)SS:

)

JUDGE


Knowledge of Offense R,C. 2935.09-

2935 10

Involuntary

Manslaughter

2903.04 6)



stated herein, and isotherwise competent to testify to the matters set forth below.




Cuyahoga County for more than six months 6 prior to this eiffidavit.

3. I have

had


Recreation Center that captures the unlawful killing ofTamir

Rice.


to R.C.2921.01 A); and employed by the Qty of Cleveland Division of

Police


31/131

5. Frank Garmback, on or about November 22,2014 was serving as the


6. Frank Garmback was driving the city issued police cruiser. Timothy



and

Timothy Loehmann

have

been trained

and

famil iarized wit

the criminal l aw s o f t

Revised

Code


toy at a

Qty

Playground. Ohio is an open carry state.


for the commission of the offense: Involuntary Manslaughter, was

complicit withTim Loehmann in the unlawful killing ofTamir Rice R.C.

2923.03)

13. Timothy Loehmann caused the death of Tamir Rice,as a proximate result

of committing or attempting to commit a misdemeanor of

any

degree, a

regulatory offense,or a minor misdemeanor to

wit

No public servant

shall recklessly fail to perform a duty expressly imposed by law with

respect to the public servant s office, or recklesslydo any act expressly

forbidden by law with respect to the public servant s office. R.C. 2921.44





force was reasonable. Bouggess v Mattingly,

2007),

482F.3d886.

F U RT H E R F F I N T S Y ET H N U G H T

Ba^mrTKitwana

Sworn toand subscribed inmy

presence this

X

day

ofJune,2015.

^rota^Pubuc

ST TEOFOHIO

, lly Commtoslon Haa

NoExpiration

tMa

J*

rg

q

w**

See^n

147.03

O.R.C.

MICHABLLNELSON,SR.

^

AHomey

AtLaw

7 I NOTARY PUBUC


32/131

Jig

HOfLiaVj J {3AH0lh \} y 6

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trim


33/131

IN

TH E

CLEVELAND

MUNICIPAL

CO U RT

CLEVELAND

OHIO

IN RE:

T I M O T H Y

LO HM NN

FR NK

G A R M B A C K

STATE OF OHIO

CO U N T Y OF

C U Y A H O G A

)SS:

)

J U D G E

AFFIDAVIT

of Person Having


2935 09

2935 10

Reckless

Homic ide 2903 041

Now comes BakariKitwana, and after being duly sworn according to law,

deposes and states that he is of full legal age, has personal knowledge ofall the matters

stated herein, and is otherwise competent to testify to the matters

set

forth below.




Cuyahoga Coimty for more than six months 6) prior to this affidavit.

3. I have

had


Recreation Center

that



to R.C.2921 01 A);

and


Police


34/131

1

Frank

Garmback,

on or aboutNovember 22,2014 was servingas the

FieldTrainingOfficer to rookieofficer Timothy Loehmann.

FrankGarmbackwasdriving thecityissuedpolice cruiser. Timothy

Loehmaim was the passenger.

BothFrank Garmback and Timothy Loehmann have been trained and

familiarized with

the criminal laws of

the

Revised Code

11. OnNovember

22,2014,

Tamir

Rice

was a 12-year-old boyplayingwith a



for the commission of the offense: Reckless Homicide,was complicitwith

TimLoehmann in the unlawful killing ofTamir Rice

R.C. 2923.03

13. Timothy Loehmaim recklessly caused the death of Tamir Rice

R.C.

2903.041)




force was reasonable. Bouggess v Mattingly, 2007 , 482F.3d 886.

FURTHER AFFIANT

SAYETH

NAUGHT

O

ak^

Kitwana

5?

Sworn toand

subscribed

inmy presence this ^ dayofJune, 2015

ubl ic

MICHAELL NELSON,SR.

AttorneyAtLaw

: NOTARY PUBUC

: STATE OF OHIO

r

Commission Hat

NoExpirationWa

Section 147.03O.R.C.


35/131

•ag

510?JI3K

J

J3AH01M

wsJ

tA v«fno«A

OUfiU

OIHO^O

86H noieeirn :,. . iv;

SJbOnoi G iqs . i

•O.fi.o eo


36/131

IN TH E CLEVELAND M U N IC IP A L C O U RT

CLEVELAND

OHIO

IN

RE:

TIMOTHY

L O E H M A N N

R NK G A R M B A C K

STATE

O OHIO

C OUNT Y O F

C UYAHOGA

)SS:

)

JUDGE



2935.09

2935 10

Negligent Homicide 2903.05


deposes and states that he is offull legal age, has personal knowledge of all the matters




2. 1

am

a resident of Cuyahoga County and

have

been a resident of


6



Recreation Center

that


4. Frank Garmback

and

Timothy Loehmann

are

public officials

piu^uant

to R.C.2921.01 A);and employed by the Qty of Cleveland Division of

Police


37/131

5. FrankGarmback, on or about November 22,2014 was serving as the

FieldTrainingOfficer to rookie officer TimothyLoehmann.

6. FrankGarmbackwas driving the cityissuedpolice cruiser.

Timothy


10. Both Frank Garmback and Timothy Loehmann have been trained and

familiarized

wi th t he

criminal l aw s o f

the

Revised Code

11. On November 22,2014, Tamir Ricewas a 12-year-oldboy playing with a



for the commission of the offense:Negligent Homicide, Weis complicit

with TimLoehmann in the unlawful killing ofTamir Rice

R.C. 2923.03

13. Timothy Loehmann negligently caused the death of Tamir Riceby means

of a deadly weapon (R.C. 2903.05)




force was reasonable. Bouggess v Mattingly,

2007 ,

482F.3d 886.

FURTHER AFF IANT SAYETH

N U HT

Bakari Kitwana

Sworn to

and

subscribed in my presence this

1

.

day

of June 2015.

MICHAEL L

NELSON.

SR.

^ Attorney Atttorney AtLaw

NOTARY PUBLIC

STATEOF OHIO

My Commission Has

No

Expiration

Oaia



38/131

JH .M08J3M

-I

jawrjIM

I

I/a?^.

W8J A x smolJA

OUSU ^ v^iATOH r .

OIHO ^

AT2

V

26H

noiaiffi^ -

• ^•

SdsOnOilEVOxS

VV -rr;

O H O e o ^ r - r - o ::


39/131

IN

TH E CLEVELAND


CLEVELAND

OHIO

IN RE:


F R A N K

G A R MB A C K

STATE OF OHIO


)SS:

)

lU GE

AFFIDAVIT

of Person Having


2935 10

Negligent Homicide 2903.05

Now comesDr. R.A.Vemon, and after being duly sworn according to law,




1. My name is Dr. R.AVemon.

2. I

am

a resident of Cuyahoga County

and


Cuyahoga County for more than sixmonths

6


3. I have

had


Recreation Center

that



to R.C.2921.01 A);

and


Police


40/131

5. FrankGarmback, on or about November22,2014 was serving as the




10. BothFrank Garmback

and

Timothy Loehmannhave been trained

and

familiarized

with

the

criminal

laws o f t he Revised Code .




for the commissionof the offense: NegligentHomicide, was complicit

with

Tim Loehmann in the unlawful killing ofTamir Rice(R.C. 2923.03)

13. Timothy Loehmann negligently caused the death of Tamir Rice by means

of a deadly weapon R.C. 2903.05






NAUG

Sworn to and subscribed in my presence this A day of

June

2015.

Npfary Publi

MICHAELL NELSON. SR.

Attorney At Law

NOTARY PUBLIC

STATE OF OHIO

MyCommission

Has

No ExpirationDate

Section 147.03 O.R.C.

e

OF

W


41/131

gO

]0

CO

•

VOU

P

E


42/131

IN

THE

CXEVELAND M UNIC IPAL C OURT

CLEVELAND

OHIO

IN

RE:

TIMOTHY

L OE HM ANN

FR ANK

G A R M B A C K

STATE

O F

O IO

COUNTY O C U Y A H O G A

)SS:

)

JUDGE

AFFIDAVIT

of Person Having


2935 10

Dereliction of

Duty

R.C. 2921.44

Now comes Dr. R A Vemon, and after being duly sworn according to law,




1.

My name

is Dr. R.A. Vemon


and


Cuyahoga County for more than six months 6)prior to this affidavit.

3. I have

had


Recreation Center that captures the unlawful killing of Tamir

Rice

4. Freink Garmback and Timothy Loehmann are public officials pursuant

to R.C.2921.01 A);

and


Police


43/131

Frank Garmback, onorabout November 22,2014 was serving as the

Field

Training

Officer

to

rookie officer

Timothy Loehmcinn.

6. Frank Garmback was

driving the

city issued police cruiser. Timothy


10. BothFrankGarmbackand TimothyLoehmannhave been trained and

familiarized with

the

criminal laws

of

the Revised Code

11.

On

November

22,2014, Tamir

Rice

wasa

12-year-old boy

playing witha

toy at a CityPlayground. Ohio is an open carry state.

12.

Frank Garmback recklessly failed toperform a

duty

expressly imposed

by

lawwithrespect to thepublic servant s

office,

or recklessly did anyact

expressly forbiddenby lawwith respectto thepublicservant s

office.

13. Timothy Loehmann

recklessly failed to perform a duty expressly imposed

bylawwith respect to thepublic servant s

office,

or recklessly did any act

expressly forbidden by law with respect to the public servant s

office.


Circuithas recognizeddiat a suspect s mere possessionof a weapon is

not enough to satisfy[an officer s] burden ofestablishing that the use of

force was reasonable. Bouggessv Mattingly, 2007), 482F.3d 886.

F U R T HE R F F I N T S YE T H

N U G H T

?

worn to and subscribed in my presencethis Q day ofJune, 2015

otafrv u lic

L

B4ICHABLLNELSON,SR.

f AttorneyAt

Uw

• NOTARY PUBLIC

: STATE OF OHIO

My Commission Htt

No Expiration

OSli

^ OF

Section

147.03O.R.C.


44/131

J 8,W08.I3ilJJ3AH3IM

W J JA ysmoJrA ^

OlJfiijqYHATOI I r

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45/131

IN

T H E

CLEVELAND


CLEVELAND OHIO

IN R E:



STATE OF OHIO

OUNTY OF UY HOG

)SS:

)

TUDGE


Knowledge ofOffense R.C.2935 9

2935 10


Now comes Joseph Worthy, Jr.,and after being duly sworn according to law,

deposes

and




1. My name is Joseph Worthy, Jr..


Cuyahoga County for more than sixmonths 6)prior to this affidavit.


Recreation Center

that



to R.C.2921.01 A); and employed by the Qty of ClevelandDivision of

Police


46/131

IN

TH E

CLEVELAND

M UNICIPAL C OUR T

CLEVELAND OHIO

IN

RE:

TIMOTHY L O E H M A N N

FR ANK

G A R M B A C K

STATE

O O IO

COUNTY

OF

C UYAHOGA

SS:

JU D G E

AFFIDAVIT

of Person Having


2935 10

Dereliction

of Duty

R.C. 2921.44

Now comesBakariKitwana, and after being duly sworn according to law,

deposesand statesthat he isoffull legalage,has personalknowledgeofall the matters



1. My

name

is Bakari Kitwana.

2. 1am a resident of Cuyahoga County and have been a resident of


6)




Rice.

4.

Frank

Garmback

and

Timothy

Loehmann are publicofficials pursuant

to

R.C.

2921.01 A); and employed by the City of Cleveland Division of

Police


47/131

5. FrankGarmback, on or about November22,2014 was servingas the

FieldTrainingOfficer to rookieofficerTimothyLoehmann.

6.

FrankGarmback wasdrivingthecityissuedpolice cruiser. Timothy


10. BothFrankGarmbackand Timothy Loehmann have been trained and

familiarized with the oirninal

laws of

the

Revised

Code

11. On November

22,2014,

TamirRice was a 12-year-old boyplayingwith a


12.

FrankGarmback

recklessly failed

toperforma duty expressly imposed by

lawwith respect to thepublic servant s

office,


expresslyforbidden by law with respect to the public servant s

office.

13. Timothy

Loehmemn

recklessly failed to performa duty expressly imposed

by lawwith respect to thepublicservant s

office,


expressly forbidden by law with respect to the public servant s office.


Circuithas recognizedthat a suspect s mere possessionofa weapon is

not enough to satisfy [anofficer s] burden ofestablishing that theuse of

force

was reasonable. Bouggess v Mattingly, 2007 , 482 F.Sd 886.

F U R TH E R A F F IA N T S A Y ET H N A U G H T

B^kaifKitwana

t

worntoand subscribed inmypresencethis

day ofJune, 2015

MICHAELL. NELSON. SR

AttorneyAtLaw

NOTARY PUBUG

STATE

OP

OHIO

MyCommitslon Hat

NoExpiratiohlMe

Section

147 3

O R C


48/131

J 8 l40?javi J

JH HOIM

o^VXW ?///cl

WSJ y rnoB

A «

^

o u u YRAToi^

OIHO o

31AT3

esH noiaeimmoO

-{M

SrtsQnorteiiqxa aM

« O

eo.vi^r

noiiasg

Wp 3j


49/131

IN THE

C L EV E LA N D M U N I C IP A L

OURT

CLEVELAND OHIO

IN RE:

TIMOTHY LOEHM NN


STATE OF

OHIO

OUNTY

OF

UY HOG

SS;

TUDGE



2935 10

Aggravated

Murder R.C. 2903.01

Now comes Dr. R.A. Vernon, and after being duly sworn according to law,

deposes and states tliat he is of full legal age, has personal knowledge of all the matters

stated herein, and is otherwise competent to testify to

tine

matters set forth below.


1. My name is Dr. R.A. Vernon.



6



Recreation Center that captures the unlawful killing of Tamir Rice.

4. Frank Garmback

and


pursuant

to

R.C. 2921.01 A ;

and employed by the City ofCleveland Divisionof

Police


50/131

1 0

Frank Garmback,

on or

about

November

22,2014 was serving as

the

Field Training Officer to rookie officer Timothy Loehmann.

Frank Garmback was driving the city issued police cruiser. Timothy

Loehmann was

the passenger.

Both Frank Garmback and Timothy Loehmann have been trained and

famil iarized with the

cr imina l l aws

of the Revised Code

11. On November 22,2014,

Tamir

Rice

was

a 12-year-old boy

playing with

a

toy at a City Playground. Ohio is

an open

carry state.

12. At all times, Frank Garmback, acting

with

the kind of culpability required

for the commission of the offense: Aggravated Murder, was complicit

witfi Tim

Loehmann

in the unlawful killing of Tamir Rice (2923.03)

13. Timothy Loehmann purposefully, caused the death of Tamir Rice,a


(2903.01)




force

was

reasonable. Bouggess v Mattingly, (2007), 482 F.3d 886.

F U R T H ER A F F IA N T S A Y E TH N U G

D r

i R

jA e m o n

Sworn to and subscribed in my presence this day of June 2 15

MICHAEL L NELSON, SR.

ASomeyAtLaw

NOTARY

PUBLIC

STATE

OF

OHIO

MyCommission

Ha s

No Expiration Date

Sect ion 147 03 O R C


51/131

.HS

.K08J3VIJ

J3AH0IM I

vvsJ A ysriiotjA

OiJSU

V?1aTC)H

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OtHO

.. A 3 ;

26H

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.1. v jM;?

^ f iN «•

.0.«

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-0

-02 ii,

? : A

? I r I

•»


52/131

IN TH C L E V E L A N D M U N I C IP A L C O U R T

CLEVELAND OHIO

IN

RE:

T I M O T H Y

LO HM N N

F R A N K

G A R M B A C K

S T A T E

OF

OHIO

COUNTY O F

C U Y A H O G A

)SS:

)

TUDGE

FFI VIT ofPerson Having


2935 10

Murder 2903.02 B)

Now

comes Dr. R.A.Vemon,

and

after being

duly

sworn according to law,

deposes and states that he is of full legal age, has personal knowledge of aUthe matters

stated herein, and is otherwise competent to testify to thematters set forth below.


1. My name is Dr. R.A.Vemon.

2. I

am


Cuyahoga Coimty for more

than


3. I have

had

the opportunity to view the surveillance video from CudeU

Recreation Center

that


4. FrankGarmback

and


to R.C.2921.01 A); and employed by the City of ClevelandDivision of

Police


53/131

10

Frank Garmback/ on or aboutNovember 22,2014 was serving as the

Field Training Officer to rookie officer Timothy Loehmann.




famil iarized

with the criminal l aw s o f t he

Rev is ed Code




for the commission of the offense:Murder, was complicit with Tim

Loehmann in the unlawful killing ofTamir Rice

R.C.

2923.03

13. Timothy Loehmann purposely caused the death of Tamir Rice, as a

proximate result of committing or attempting to commit

an

offense of

violence that is a felony of the first or second degree that is not a violation

of section 2903.03 or 2903.04 of the Revised Code, to wit: knowingly

caused

or

attempted to cause physical harm by means of a deadly weapon

or dangerous ordnance.



not enough to satisfy [an officer s] burden ofestablishing that the use of

forcewas reasonable. Bouggess v Mattingly, 2007 , 482F.3d 886.

FURTHER

AFFIANT

SAYETH U

Vemon

worn

to

and

subscribed in my presence this

day of

June

2015.

Pifbl ic /

MHJHAIiLLNEL80N.SR.

\ AttorneyAt Law

NOTARY

PUBUC

STATE OF OHIO

My Commiesion

Hat

NoExpiratkmOata



54/131

aa

HO?J3 l J J3AH0IM

WSJ }A ysmoWA

ou a u s

YRAI OM

OIHO 3TAT8

aeH noiaeimmoO yM

StsQ noiJBitqyB okl

.0. }.O

CO Tfr/

noitoaS

,30

• ill


55/131

IN THE C L E V E L A N D MUNI IP L OURT

CLEVELAND

OHIO

IN

RE:

TIMOTHY LOEHM NN


STATE OF

OHIO

COUNTY

O F

C U Y A H O G A

)SS:

)

TUDGE

AFFIDAVIT

of Person Having

Knowledge ofOffense R.C.2935.09 -

2935 10

Involuntary Manslaughter 2903.04 B)

Now comes Dr. R.A.Vemon, and after being duly sworn according to law,

deposes and states

that

he is of fuUlegal age, has personal knowledge of all the matters



1. My name is Dr. R.A.Vemon.




Recreation Center

that

captures the unlawful killing ofTamir Rice.

4. Frank Garmback

and


to R.C.2921.01 A); and employed by the City of Cleveland Division of

Police


56/131

10.

FrankGarmback, on or aboutNovember 22,2014 was serving as the



Loehmann

was

the passenger.

Both FrankGarmback and Timothy Loehmann have been trained

and

familiarized

wi th t he

criminal

laws

of

the

Revised Code .

11.

On

November 22,2014,Tamir Ricewas a 12-year-old boy playing with a

toy at a City Playgroimd. Ohio is

an

open carry state.


for the commission of the offense: Involimtary Manslaughter, was

complicit with TimLoehmann in the unlawful killing of Tamir Rice R.C.

2923.03)

13. Timothy Loehmann caused the death of Tamir

Rice,

as a proximate result

of committingor attempting to commit a misdemeanor of any degree, a

regulatory offense, or a minor misdemeanor to wit: No public servant

shall recklessly fail to perform a duty expressly imposed by law with

respect to the public servant s office,or recklesslydo any act expressly

forbidden by law with respect to the public servant s office. R.C. 2921.44



Circuit has recognized that a suspect s mere possession ofa weapon is

not enough to satisfy [anofficer s] burden of establishing that the use of


FURTHER AFF IANT SAYETH

on

Sworn to and subscribed in my presence this

y of

June,

2015.

OV

imsoN.sR

AttorneyAtlaw

ot ry

PUBUC

STATEOFOHIO

MyComminionHas

NoExpMHonDate



57/131

^WOgJ3KjJ3AH M , KwJojV

wsJ l Vdnioi / Vl^\

OUeU^YSATOM

0 HO 3TAT8

^s noistimmo

yM

3Jeanai|»i


58/131

IN THE

CLEVELAND M U N I C IP A L C O U R T

CLEVELAND

OHIO

IN RE:

TIMOTHY

L O E H M A N N

F R A N K

GARMBACK

STATE

OF

OHIO

OUNTY

OF UY HOG

)SS:

)

TUDGE

AFFIDAVITof Person Having


2935 10

Reckless

Homicide 2903 041

Now comes Dr.

R.A.

Vemon, and after being duly sworn according to law,

deposes

and

states that he is of full legal age, has personal knowledge of all thematters

stated herein,

and



1.

My

name is Dr. R.A. Vemon


and



3. I have

had


Recreation Center that captures the unlawful killing of Tamir Rice.

4. Frank Garmback

and


pursuant

to R.C.2921.01 A);and employed by the City of Cleveland Division of

Police


59/131

5. FrankGarmback, on

or

about November 22,2014 was serving as the

FieldTrainingOfficer to rookieofficerTimothyLoehmann.


Loehmann

was the

passenger.

10. Both Frank Garmback and Timothy Loehmann have been trained and

familiarized with

the

criminal laws of

the

Revised Code

11.

On

November 22,2014,Tamir Ricewas a 12-year-old boy playing with a


12. At all times, FrankGarmback, actingwith the kind of culpability required

for the commission of the offense: Reckless Homicide, was compUcit with

Tim Loehmann in the unlawful killing of Tamir Rice (R.C.2923.03)

13. Timothy Loehmann recklessly caused the death of Tamir Rice R C

2903.041)




force was reasonable. Bouggess v Mattingly, (2007), 482 F.3d 886.

F U R T H E R A F F I A N T S AYETH N A U G :

Sworn to and subscribed in my presence this _,day of June, 2015

MICHAELL

NELSON SR

AaomeyAtLttir

: NOTARY

PUBUC

:

STATE

OF OHIO

MyCommission Hat

NoExpirMionOais

Section

147 3 O RC


60/131

^

nW

c

8VK

nV

i

I


61/131

1

Frank Garmback, on or about November 22,2014 was serving as the


FrankGarmback was driving the city issued police cruiser. Timothy


Both Frank Garmback

and


and

famil iarized

wit t criminal l aw s o f t

Revised

Code

11. On November 22,2014,Tamir Ricewas a 12-year-old boy playingwith a



for the commissionof the offense: Aggravated Murder, was complicit

with TimLoehmann in the unlawful killing ofTamir Rice 2923.03

13. Timothy Loehmann purposefully, caused the death of Tamir Rice, a

person who was

under

thirteen years of age on November 22,2014.

(2903.01)


Circuit has recognized that a suspect s mere possessionof a weapon is


force was reasonable. Bouggessv Mattingly, 2007 , 482F.3d 886.


eph

Worthy, Jr

Sworn to and subscribed in mypresencethis U day ofJune,

2015

MICHAEL

L

NELSON,

SR.

Attorney AtLaw

NOTARY

PUBLIC

STATE OFOHIO

My Commission Has

No

Expiration

Oats

Section 147,03 O.R.C


62/131

VW J A

YSniOll.-.

0U81J


63/131

IN

T H E CLEVELAND

MUNICIPAL

CO U RT

CLEVELAND

OHIO

IN RE:

T I M O T H Y LO HM NN

FRANK

GARMBACK

STATE

O F

OHIO

CO U N T Y OF CU Y A H O G A

)SS:

)

JUDGE



2935 9

2935 10

Murder

2903.02 B)

Now comes JosephWorthy, Jr.,and after being duly sworn according to law,

deposes

and




1. My

name

is JosephWorthy, Jr..


and


Cuyahoga County for more than sb< months 6) prior to this affidavit.

3. I have

had


Recreation Center

that


4. Frank Garmback

and


to R.C.2921.01 A); and employed by the City of Cleveland Division of

Police


64/131

1

11

12

13

14

FrankGarmback, on or aboutNovember 22,2014 wasservingas the

FieldTraining

Officer

to rookieofficer Timothy Loehmann.

Frank Garmback

wasdriving the

city issued police

cruiser.

Timothy


BothFrank Garmback and Timothy Loehmann have been trained and

familiarized

with the

criminal

laws

of

the

Revised Code

OnNovember 22,2014, Tamir Rice wasa 12-year-old boy

playing

witha

toyat a CityPlaygroimd. Ohiois anopencarrystate.

At

all

times, Frank Garmback, acting with the kind ofculpability

required

for thecommission oftheoffense: Murder, wascomplicit withTim

Loehmann

in the unlawful killingofTamir

Rice (R.C. 2923.03)

TimothyLoehmannpurposely caused the death ofTamir

Rice,

as a

proximate resultofcommittingor attemptingto commitan

offense

of

violence

thatisa

felony

ofthe firstor

second

degree that isnota violation

ofsection

2903.03

or

2903.04

ofthe

Revised Code,

to

wit: knowingly

caused

orattempted to

cause physical

harm by means ofa deadly

weapon

or

dangerous ordnance.

Timothy Loehmann s use of deadly forcewas unreasonable. TheSixth

Circuit has

recognized

thata suspect s mere

possession

ofa

weapon

is

not enough to

satisfy

[an

officer s]

burden ofestablishing thattheuseof

force

was

reasonable.

Bouggess

vMattingly, (2007), 482 F.3d 886.


ph Worthy, Jr

Sworn toand subscribed inmypresence this .day ofJune, 2015

af ie

MI H EL

L NELSON,

SR.

^ Attorney At Law

NOTARY

PUBLIC

STATE OFOHIO

My Commission Has

No

Expiration

Dm

Section

147.03O.RC


65/131

.«?.

MO t.Vd A

J

.13AHOIM

If/,^^\

w A vH: oijA i- 1

ou u

V^;A T 5 ^ ' •

asH

noieeifTir-ic:>

vV: »'

«lBa noiiBiia*3

1 1

0«.OEOTS>f

io ):-.oa

'•'.?,9,o'*


66/131

IN

TH E

CLEVELAND

MLnSTICIPAL

C OUR T

CLEVELAND

OHIO

IN

RE:



S T A T E OF OHIO

OUNTY OF UY HOG

)SS:

)

JUDGE

AFFIDAVIT

of Person Having

Knowledge ofOffense R.C.2935 9 -

2935 10

Involimtaiy Manslaughter 2903.04 B)

Now comes Joseph Worthy, Jr., and after being duly sworn according to law,






Cuyahoga County for more than six months 6) prior to this affidavit.

3. I have

had

the opportunity to view

the

surveillance video from Cudell

Recreation Center that captures the unlawful killing ofTamir Rice.


to R.C.

2921 1

A); and employed by the

Qty

of Qeveland Division of

Police


67/131

5. FrankGarmback, on or about November 22,2014 was serving as the




10. Both FrankGarmback and Timothy Loehmann have been trained and

famil iarized with

the criminal l ws of

th R e v is e d C o d e



12.

Atall times,FrankGarmback, actingwith the kind ofculpabilityrequired

for thecommissionof theoffense: InvoluntaryManslaughter,was

complicit withTim Loehmann in the unlawful killing ofTamir Rice

(R.C.

2923.03)

13. Timothy Loehmann caused the death of Tamir

Rice,

as a proximate result

ofcommittingor attempting to commita misdemeanor of any degree, a

regulatoryoffense, or a minor misdemeanor towit:No public servant

shall recldessly fail to perform a duty expressly imposed by law with

respect to the public servant s

office,

or recklessly do any act expressly

forbidden by law with respect to the public servant s office. R.C.2921.44



Circuit has recognized that a suspect s mere possessionof a weapon is

not enough to satisfy [an officer s]burden of establishing that the use of

forcewas reasonable. Bouggessv Mattingly, (2007), 482F.3d886.

FURTHER

FFI NT

S YETH N U G H T

S^h Worthy, Jr.

Sworn

to

and subscribed

in

my

presence this ^ day of

June

2015

- . r

Notai^PuShc

®CHABLLNELSON SR.

^ ^

Attorney

At

Law

; notary public

• .STATE

OF

OHIO

Myt^mlMionHaa



68/131

m . /OZJiH /. J

J3AH

JIM

wsJ

A

ysmonA

OUSU ^

OJHO^OaT TS

esH

noiaeimmoO

\ M

^^noitoniqxH

O

f*.0

noi '.)S


69/131

IN

TH E CLEVELAND


CLEVELAND

OHIO

IN RE:

TIMOTHY

L O E H M A N N

FR NK

G A R M B A C K

S T A T E OF OHIO

OUNTY OF UY HOG

)SS:

)

JU D G E

AFFIDAVIT

of Person Having

Knowledge ofOffense R.C.2935.09

2935 10

Reckless Homicide 2903 041

Now comes JosephWorthy, Jr.,and after being duly sworn according to law,


stated herein,

and



1. My name is JosephWorthy, Jr..


and



6


3. I have had

the

opportunity to view the surveillance video from Cudell

Recreation Center that captmes the unlawful killing ofTamir Rice.


to R.C. 2921.01 A); and employed by

the

Qty of Cleveland Division of

Police


70/131

5. FrankGarmback,

on

or about November 22,2014 was serving as the



Loehmann was

the

passenger.


and

familiarized with

the

criminal

laws

of

the

Revised Code




for the commission of the offense: Reckless Honucide, was complicit with

Tim Loehmann in the unlawful killing of Tamir Rice R.C. 2923.03

13. Timothy Loehmann recklessly caused the death of Tamir Rice (R.C.

2903.041)






N A U G H T

^ograh

Worthy,

Jr

Sworn to and subscribed in my presence this ^ day ofJune, 2015

fotary

rubl

MICHAEL L. NELSON. SR.

AllomeyAlt®

i NOTARY PUBUC

: STATE

OF

OHIO

My

Commission

Hts

NoExpirationOtto

Sect ion 147 3 O R C


71/131

i

j

^

:

5

w

«


72/131

IN TH E CLEVELAND

MUNICIPAL

COURT

CLEVELAND OHIO

N RE:

TIMOTHY

L O E H M A N N

FR ANK GARMBACK

STATE O F O O

COUNTY O F C UYAHOGA

)SS:

)

JUDGE

AFFIDAVIT

of PersonHaving

Knowledge ofOffense R.C.2935 9

2935 10

Negligent

Homicide 2903.05

Now comesJoseph Worthy, Jr., and after being duly sworn according to law,





2. I

am



than


3. I have

had


Recreation Center

that



to R C 2921 1 A);and employed by the

Qty


Police


73/131

10

FrankGarmback, on or aboutNovember 22,2014 was servingas the

FieldTrainingOfficer to rookie officer Timothy

Loehmemn.

FrankGarmback wasdriving thecityissuedpolice cruiser. Timothy


BothFrankGarmback and Timothy Loehmannhave been trained and

familiarized

with the

criminal

l aw s o f t he

Revised Code

11. On November 22,2014, Tamir

Rice

was a 12-year-old boy playing with a

toy at a

Qty

Playground. Ohio is an open carry state.

12. At all times, FrankGarmback,acting with the kind ofculpability required

for the commission of the offense:Negligent Homicide, was complicit

withTim Loehmarmin the unlawful killing ofTamir Rice

R.C. 2923.03

13. TimothyLoehmann negligently caused the death ofTamirRicebymeans

of a deadly weapon (R.C.2903.05




force was reasonable. Bouggessv Mattingly, 2007 , 482F.3d886.

F U RT H ER A F F IA N T S A YE T H

N A U G H T

Worthy, Jr

Sworn to arid subscribed in my presence this n day of

June

2015

PuffillC

MICHAEL L NELSON. SR.

Attorney At Law

t NOTARY

PUBUC

f STATEOF OHIO

yCommission Has

No Expiration

Section147 03O R C


74/131

J

?/

)

i i

\ f///>; -,

wsJ 3A viniOfi C -

oiJ«u J

vm r cM

0 H 0 HO BT Ta

ss H noieaurmoO v^

also no iBiifi*3 oH

O R

O

eOT^r noijosg

rmO


75/131

IN

THE

C L EVE LAND M UNI C IPAL C OUR T

CLEVELAND

OHIO

IN

RE :

TIMOTHY LOEHM NN

FR ANK

GARMBACK

S T A T E OF OHIO

OUNTY OF

UY HOG

)SS:

)

JUDGE

AFFIDAVIT

of Person Having

Knowledge of Offense R.C.2935.09•

2935 10

Dereliction

of Duty

R.C. 2921.44

Now comesJoseph Worthy, Jr., and after being duly sworn according to law,




1- My name is JosephWorthy, Jr..

2. 1am a resident of Cuyahoga County and have been a resident of


3. I have

had


Recreation Center that caphires the unlawful killing of Tamir Rice.

4. Frank Garmback

and


pursuant

to R.C.2921.01 A);and employed by the Cit

Documents

Preamble to Citizen Participation Rights