DAVID GREENE, HOST:
A judge in Cleveland has weighed in in the case of Tamir Rice. He was a 12-year-old, African-American boy shot dead last year. The judge says there is enough evidence to charge two white police officers. But what happens next rests with a grand jury. From member station WCPN, Annie Wu reports.
ANNIE WU, BYLINE: It's been more than six months since a Cleveland police officer shot and killed Tamir Rice. So far, no charges have been filed against the officers involved, and that's why earlier this week, eight residents invoked a rarely used law allowing private citizens to ask a judge for arrest warrants against Officer Timothy Loehmann and Frank Garmback. Yesterday, municipal Judge Ronald Adrine said while he does not have that authority, he does find probable cause to charge Loehmann with, among other things, murder and involuntary manslaughter and Officer Garmback with negligent homicide and dereliction of duty. It's now up to prosecutors to decide whether to file charges. The judge's opinion is based on a grainy surveillance video showing Garmback skidding his patrol car to within a few feet of Rice. In about two seconds, Loehmann shoots him. In his written decision, the judge said, this court is still thunderstruck by how quickly this event turned deadly. But the video was the only evidence presented to the judge. None of the residents witnessed the shooting firsthand. Loehmann's lawyer, Henry Hilow, argues the video is nothing more than hearsay.
HENRY HILOW: And if this is the standard we're going to follow in the future, we have now gutted our judicial system. And we've become a reality show where we should just present them on video and just have them vote because these people weren't there.
WU: Tamir Rice lived near the recreation center where he was shot. A 911 call said a man was waving a gun. That man turned out to be 12 years old, and the gun was a realistic looking replica, a pellet gun. Michael Maloney, Officer Garmback's lawyer, says the officers didn't know that.
MICHAEL MALONEY: The information was that there was a gun. Any implication that there was clarity that it was a fake gun - or I think I've heard toy gun - is complete nonsense.
WU: The sheriff's department completed its investigation earlier this month. But the county prosecutor has yet to release the report or present charges to a grand jury.
JONATHAN WITMER-RICH: The fact that the judge found that there was probable cause does not mean that the grand jury has to find that there's probable cause.
WU: Jonathan Witmer-Rich teaches at the Cleveland-Marshall College of Law. He says the judge's opinion doesn't alter the legal situation since it puts the case right back where it already was, in the hands of the county prosecutor.
WITMER-RICH: It may be a mechanism that has allowed them to put a little bit of pressure on the prosecutor, to try to move forward as quickly as possible.
WU: At a press conference late yesterday, Rachelle Smith, one of the residents who filed an affidavit seeking charges, was pleased with the judge's opinion.
RACHELLE SMITH: It means that we've taken a small step towards justice. And so now we're holding our breath for the next decision.
WU: In a written statement, county prosecutor Timothy McGinty said, quote, "ultimately, the grand jury decides whether police officers are charged or not charged." And he gave no time table for turning it over to that grand jury. For NPR News, I'm Annie Wu in Cleveland. Transcript provided by NPR, Copyright NPR.