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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
8/8/2019 Preamble to Citizen Participation Rights
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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
8/8/2019 Preamble to Citizen Participation Rights
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-
8/8/2019 Preamble to Citizen Participation Rights
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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
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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
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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
8/8/2019 Preamble to Citizen Participation Rights
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.
8/8/2019 Preamble to Citizen Participation Rights
8/131
.
*
EO
:V
-X
VW
C
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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
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..
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
of Cleveland Division of
Police
8/8/2019 Preamble to Citizen Participation Rights
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
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: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
Circuit has recognized that a suspect s mere possession of a weapon is
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.
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11/131O
eM
WO
i
I
cM
<
wu
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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
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..
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 Garmback and Timothy Loehmann are public officials pursuant
to RC 2921 1 A); and employed by the Qty of Cleveland Division of
Police
8/8/2019 Preamble to Citizen Participation Rights
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
Loehmann was the passenger.
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.
12. At all times, Frank Garmback, acting with the kind of culpability required
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
Circuit has recognized that a suspect s mere possession of a weapon is
not enough to satisfy [an officer s] burden of establishing that the use of
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.
8/8/2019 Preamble to Citizen Participation Rights
14/131
wsJ
tA yanioitA
0JJ8U 1 Y«ATOH
OIHO 3TAT8
isH
noieeimn^oO yM
sIgO
noi}G Qx3
oi/J
0 ? 0 f.0
no r.> 2
• ^
8/8/2019 Preamble to Citizen Participation Rights
15/131
IN
T H E
CLEVELAND
M U N I CIP A L CO 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
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,
deposes and states that he is of full legal age, has personal knowledge of all 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..
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 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
8/8/2019 Preamble to Citizen Participation Rights
16/131
10
FrankGarmback, on or about November 22,2014 was serving as the
Field Training Officer to rookie officerTimothy Loehmann.
Frank Garmback
was
driving the city issued police cruiser. Timothy
Loehmann was the passenger.
Both FrankGarmback and Timothy Loehmann have been trained and
famil iarized wi th t he
criminal
l aws o f t he Revised 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 all times, Frank Garmback, acting with the kind of culpability required
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)
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 [an officer s]burden ofestablishing that the use of
force was reasonable. Bouggessv Mattingly,
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.
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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,
deposes and states that he is of full legal age, has personal knowledge of all 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..
2. I am a resident of Cuyahoga County and have been a resident of
CuyahogaCounty for more than sixmonths 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 Garmback and Timothy Loehmarm are public officials pursuant
to R.C.
2921.01
A);
and
employed by the City of Cleveland Division of
Police
8/8/2019 Preamble to Citizen Participation Rights
19/131
5. Frank Garmback, on or about November 22,2014 Wcis serving as the
Field Training Officer to rookie officerTimothy Loehmann.
6. Frank Garmback
was
driving the city issued police cruiser. Timothy
Loehmannwas the passenger.
10. Both Frank Garmback
and
Timothy Loehmann have been trained
and
famil iarized with
the criminal
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 Gty Playground. Ohio is an opencarry state.
12. At all times, Frank Garmback, acting with the kind of culpability required
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)
14. Timothy Loehmann s use of deadly force was unreasonable. The Sixth
Circuithas recognizedthat a suspect s mere possessionof a weapon is
not enough to satisfy
[em
officer s] burden of establishing that the use of
force was reasonable. Bouggessv Mattingly,
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.
8/8/2019 Preamble to Citizen Participation Rights
20/131
gC0C
V®
H
iO
=O
wEm
SCV
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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,
deposes and states that he is of full legal age, has personal knowledge of all 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..
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 «iffidavit.
3. I have had the opportunity to view the surveillance video from Cudell
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
8/8/2019 Preamble to Citizen Participation Rights
22/131
5. FrankGarmback, onor
about
November 22,2014 was serving as the
Field TrainingOfficer to rookie officer Timothy Loehmann.
6. Frank Garmbackwas driving the city issued police cruiser. Timothy
Loehmann
was the passenger.
10. Both Frank Garmback and Timothy Loehmann have been trained
and
famil iarized with
the criminal l aw s o f t he
Rev is ed Code.
11. On November 22,2014,Tamir Ricewas a 12-year-old boy playing with a
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
8/8/2019 Preamble to Citizen Participation Rights
23/131
.m MO iJH A J
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8/8/2019 Preamble to Citizen Participation Rights
24/131
IN
T H 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
STATE
OF OHIO
C O U N T Y OF C U Y A H O G A
)SS:
)
JUDGE
AFFIDAVIT of Person Having
Knowledge ofOffense
R C 2935 9
2935 10
Aggravated Murder R.C. 2903.01
Now comes Bakari Kitwana, 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
stated herein, and is otherwise competent to testify to the matters set forth below.
Further, affiant states the following:
1. My name is Bakari Kitwana.
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
Recreation Center that captures the unlawful killing ofTamir Rice
4. Frank Garmback
and
Timothy Loehmann are public officials pursuant
to R.C.2921.01 A);
and
employed by the
Qty
of Qeveland Division of
Police
8/8/2019 Preamble to Citizen Participation Rights
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
Loehmann was the passenger.
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
person who was under thirteen years of age on November 22,2014.
(2903.01)
14. Timothy Loehmarm 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 [an officer s] burden of establishing that the use of
force was reasonable. Bouggess v Mattingly, 2007 , 482 F.3d 886.
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.
8/8/2019 Preamble to Citizen Participation Rights
26/131
J
-O®
\^
-
O
-V
V^
w
8/8/2019 Preamble to Citizen Participation Rights
27/131
IN THE
C L E V E L A N D
MUNI I P L OURT
CLEVELAND
OHIO
IN RE:
T I M O T H Y LOEHM NN
FR NK G A R M B A C K
STATE O F OHIO
C O U N T Y
OF UY HO
)SS:
)
TUDGE
AFFIDAVIT
of Person Having
Knowledge ofOffense R.C.
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
stated herein, and is otherwise competent to testify to the matters set forth below.
Further, affiant states the following:
1. My name is Bakari Kitwana.
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
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
8/8/2019 Preamble to Citizen Participation Rights
28/131
10
FrankGarmback, on or aboutNovember 22,2014 was serving as the
Field Training Officer to rookie officerTimothy Loehmann.
FrankGarmback was driving the city issued police cruiser. Timothy
Loehmann was the passenger.
BothFrankGarmback
and
Timothy Loehmann have been trained
and
famil iarized with
the criminal laws of
the Revi sed 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 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.
14. Timothy Loehmann s use of deadly force was unreasonable. The Sixth
Circuit has recognized that a suspect s merepossession of a weapon is
not enough to satisfy [an officer s] burden of establishing that the use of
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.
8/8/2019 Preamble to Citizen Participation Rights
29/131
>i
.^08J3K-J
J3AH0IM
o^V^\\\f///o .
wsiiAvamottA
(.n.-cv -i.-.Tni/ ;
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3iiH noi âimsrioD {M
3)BQ nO(t iiqi(3
M
0
« O eO.?^r
noi}092
8/8/2019 Preamble to Citizen Participation Rights
30/131
IN
THE
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
FR ANK GARMBACK
STATE
O O IO
COUNTY O F C U Y A H O G A
)SS:
)
JUDGE
AFFIDAVIT of Person Having
Knowledge of Offense R,C. 2935.09-
2935 10
Involuntary
Manslaughter
2903.04 6)
Now comes Bakari Kitwana, 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
stated herein, and isotherwise competent to testify to the matters set forth below.
Further, affiant states the following:
1. My name is Bakari Kitwana.
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 eiffidavit.
3. I have
had
the opportunity to view the surveillance video from Cudell
Recreation Center that captures the unlawful killing ofTamir
Rice.
4. Frank Garmback and Timothy Loehmann are public officials pursuant
to R.C.2921.01 A); and employed by the Qty of Cleveland Division of
Police
8/8/2019 Preamble to Citizen Participation Rights
31/131
5. Frank Garmback, on or about November 22,2014 was serving as the
Field TrainingOfficer to rookie officer Timothy Loehmann.
6. Frank Garmback was driving the city issued police cruiser. Timothy
Loehmann was the passenger.
10. Both Frank Garmback
and
Timothy Loehmann
have
been trained
and
famil iarized wit
the criminal l aw s o f t
Revised
Code
11. On November 22,2014,Tamir Ricewas a 12-year-old boy playing with a
toy at a
Qty
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: 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
Dereliction of duty, R.C.737.11
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 [an officer s] burden of establishing that the use of
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
8/8/2019 Preamble to Citizen Participation Rights
32/131
Jig
HOfLiaVj J {3AH0lh \} y 6
WSJ
;A
verfM>ffA
OUaU ^
Y«ATOH
OfHO =V0
:1rA7 2
8H noiaafffir^oO
yfvi
elsO
noiisiu^xa oM
O fl OfiO TM noiJos2
trim
8/8/2019 Preamble to Citizen Participation Rights
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
Knowledge ofOffense R.C.
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.
Further, affiant states the following:
1. My name is Bakari Kitwana.
2. I am a resident of Cuyahoga County and have been a resident of
Cuyahoga Coimty 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 of Tamir Rice.
4. Frank Garmback and Timothy Loehmann are public officials pursuant
to R.C.2921 01 A);
and
employed by the City of Cleveland Division of
Police
8/8/2019 Preamble to Citizen Participation Rights
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
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: 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)
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 [an officer s] burden of establishing that the use of
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.
8/8/2019 Preamble to Citizen Participation Rights
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
8/8/2019 Preamble to Citizen Participation Rights
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
AFFIDAVIT of Person Having
Knowledge ofOffense R.C.
2935.09
2935 10
Negligent Homicide 2903.05
Now comes Bakari Kitwana, and after being duly sworn according to law,
deposes and states that he is offull legal age, has personal knowledge of all 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 Bakari Kitwana.
2. 1
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 of Tamir Rice.
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
8/8/2019 Preamble to Citizen Participation Rights
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
Loehmann was the passenger.
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
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: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)
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 [an officer s] burden of establishing that the use of
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
Section 147.03O.R.C.
8/8/2019 Preamble to Citizen Participation Rights
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 ::
8/8/2019 Preamble to Citizen Participation Rights
39/131
IN
TH E CLEVELAND
M UNI C IPAL C OUR T
CLEVELAND
OHIO
IN RE:
T I M O T H Y LOEHM NN
F R A N K
G A R MB A C K
STATE OF OHIO
C O U N T Y OF C U Y A H O G A
)SS:
)
lU GE
AFFIDAVIT
of Person Having
Knowledge of Offense R.C.2935.09
2935 10
Negligent Homicide 2903.05
Now comesDr. 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 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 Dr. R.AVemon.
2. I
am
a resident of Cuyahoga County
and
have been a resident of
Cuyahoga County for more than sixmonths
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 of Tamir Rice.
4. Frank Garmback and Timothy Loehmann are public officials pursuant
to R.C.2921.01 A);
and
employed by the City of Cleveland Division of
Police
8/8/2019 Preamble to Citizen Participation Rights
40/131
5. FrankGarmback, on or about November22,2014 was serving as the
Field Training Officer to rookie officerTimothy Loehmann.
6. Frank Garmback was driving the city issued police cruiser. Timothy
Loehmann was the passenger.
10. BothFrank Garmback
and
Timothy Loehmannhave been trained
and
familiarized
with
the
criminal
laws o f t he Revised 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 all times, Frank Garmback, acting with the kind of culpability required
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
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 [an officer s] burden of establishing that the use of
force was reasonable. Bouggess v Mattingly, 2007 , 482F.3d 886.
FURTHER AFFIANT SAYETH
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
8/8/2019 Preamble to Citizen Participation Rights
41/131
gO
]0
CO
•
VOU
P
E
8/8/2019 Preamble to Citizen Participation Rights
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
Knowledge of Offense R.C.2935.09
2935 10
Dereliction of
Duty
R.C. 2921.44
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 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 Dr. R.A. Vemon
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
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
employed by the City of Cleveland Division of
Police
8/8/2019 Preamble to Citizen Participation Rights
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
Loehmannwas the passenger.
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.
14. Timothy Loehmann s use of deadly force was unreasonable. The Sixth
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.
8/8/2019 Preamble to Citizen Participation Rights
44/131
J 8,W08.I3ilJJ3AH3IM
W J JA ysmoJrA ^
OlJfiijqYHATOI I r
0tH0 -i0 3TAr?.
V i^.
« H noiesimrnoO
yft 5
\
9180
notfG iq; ;-
;;H
.o.R.oeo.->^
••
8/8/2019 Preamble to Citizen Participation Rights
45/131
IN
T H E
CLEVELAND
M U N IC IP A L C O U RT
CLEVELAND OHIO
IN R E:
T I M O T H Y LOEHM NN
FR NK G A R M B A C K
STATE OF OHIO
OUNTY OF UY HOG
)SS:
)
TUDGE
AFFIDAVIT of Person Having
Knowledge ofOffense R.C.2935 9
2935 10
Aggravated Murder R.C. 2903.01
Now comes Joseph Worthy, 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
stated herein, and is otherwise competent to testify to the matters set forth below.
Further, affiant states the following:
1. My name is Joseph Worthy, Jr..
2. I am a resident of Cuyahoga County and have been a resident of
Cuyahoga County for more than sixmonths 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 of Tamir Rice.
4. Frank Garmback and Timothy Loehmann are public officials pursuant
to R.C.2921.01 A); and employed by the Qty of ClevelandDivision of
Police
8/8/2019 Preamble to Citizen Participation Rights
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
Knowledge of Offense R.C.2935.09
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
stated herein, and is otherwise competent to testify to the matters set forth below.
Further, affiant states the following:
1. My
name
is Bakari Kitwana.
2. 1am a resident of Cuyahoga County and have been a resident of
Cuyahoga County for more than sixmonths
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
Garmback
and
Timothy
Loehmann are publicofficials pursuant
to
R.C.
2921.01 A); and employed by the City of Cleveland Division of
Police
8/8/2019 Preamble to Citizen Participation Rights
47/131
5. FrankGarmback, on or about November22,2014 was servingas the
FieldTrainingOfficer to rookieofficerTimothyLoehmann.
6.
FrankGarmback wasdrivingthecityissuedpolice cruiser. Timothy
Loehmann was the passenger.
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
toy at a City Playgroimd. Ohio is an open carry state.
12.
FrankGarmback
recklessly failed
toperforma duty expressly imposed by
lawwith respect to thepublic servant s
office,
or recklessly did any act
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,
or recklessly did any act
expressly forbidden by law with respect to the public servant s office.
14. Timothy Loehmann s use of deadly force was unreasonable. The Sixth
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
8/8/2019 Preamble to Citizen Participation Rights
48/131
J 8 l40?javi J
JH HOIM
o^VXW ?///cl
WSJ y rnoB
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o u u YRAToi^
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Wp 3j
8/8/2019 Preamble to Citizen Participation Rights
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
FR NK G A R M B A C K
STATE OF
OHIO
OUNTY
OF
UY HOG
SS;
TUDGE
AFFIDAVIT of Person Having
Knowledge of Offense R.C.2935.09
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.
Further, affiant states the following:
1. My name is Dr. R.A. Vernon.
2. I am a resident of Cuyahoga County and have been a resident of
Cuyahoga County for more than sixmonths
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 of Tamir Rice.
4. Frank Garmback
and
Timothy Loehmann are public officials
pursuant
to
R.C. 2921.01 A ;
and employed by the City ofCleveland Divisionof
Police
8/8/2019 Preamble to Citizen Participation Rights
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
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 [an officer s] burden of establishing that the use of
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
8/8/2019 Preamble to Citizen Participation Rights
51/131
.HS
.K08J3VIJ
J3AH0IM I
vvsJ A ysriiotjA
OiJSU
V?1aTC)H
f
OtHO
.. A 3 ;
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^ f iN «•
.0.«
O £0 - •
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-02 ii,
? : A
? I r I
•»
8/8/2019 Preamble to Citizen Participation Rights
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
Knowledge of Offense R.C.2935.09
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.
Further, affiant states the following:
1. My name is Dr. R.A.Vemon.
2. I
am
a resident of Cuyahoga County and have been a resident of
Cuyahoga Coimty for more
than
six months 6) prior to this affidavit.
3. I have
had
the opportunity to view the surveillance video from CudeU
Recreation Center
that
captures the unlawful killing of Tamir Rice.
4. FrankGarmback
and
Timothy Loehmann are public officials pursuant
to R.C.2921.01 A); and employed by the City of ClevelandDivision of
Police
8/8/2019 Preamble to Citizen Participation Rights
53/131
10
Frank Garmback/ on or aboutNovember 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 FrankGarmback and Timothy Loehmann have been trained and
famil iarized
with the criminal l aw s o f t he
Rev is ed 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.
12. At all times, Frank Garmback, acting with the kind of culpability required
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.
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 [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
Section 147.03O.R.C.
8/8/2019 Preamble to Citizen Participation Rights
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
8/8/2019 Preamble to Citizen Participation Rights
55/131
IN THE C L E V E L A N D MUNI IP L OURT
CLEVELAND
OHIO
IN
RE:
TIMOTHY LOEHM NN
FR NK G A R M B A C K
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
stated herein, and is otherwise competent to testify to the matters set forth below.
Further, affiant states the following:
1. My name is Dr. R.A.Vemon.
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
Recreation Center
that
captures the unlawful killing ofTamir Rice.
4. Frank Garmback
and
Timothy Loehmann are public officials pursuant
to R.C.2921.01 A); and employed by the City of Cleveland Division of
Police
8/8/2019 Preamble to Citizen Participation Rights
56/131
10.
FrankGarmback, on or aboutNovember 22,2014 was serving as the
Field Training Officer to rookie officerTimothy Loehmann.
Frank Garmback was driving the city issued police cruiser. Timothy
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.
12. At all times, Frank Garmback, acting with the kind of culpability required
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
Dereliction of duty, R.C.737.11
14. Timothy Loehmann s use of deadly force was unreasonable. The Sixth
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
force was reasonable. Bouggess v Mattingly, 2007 , 482F.3d 886.
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
Section 147.03O.R.C.
8/8/2019 Preamble to Citizen Participation Rights
57/131
^WOgJ3KjJ3AH M , KwJojV
wsJ l Vdnioi / Vl^\
OUeU^YSATOM
0 HO 3TAT8
^s noistimmo
yM
3Jeanai|»i
8/8/2019 Preamble to Citizen Participation Rights
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
Knowledge of Offense R.C.2935.09
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
is otherwise competent to testify to the matters set forth below.
Further, affiant states the following:
1.
My
name is Dr. R.A. Vemon
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
Recreation Center that captures the unlawful killing of Tamir Rice.
4. Frank Garmback
and
Timothy Loehmann are public officials
pursuant
to R.C.2921.01 A);and employed by the City of Cleveland Division of
Police
8/8/2019 Preamble to Citizen Participation Rights
59/131
5. FrankGarmback, on
or
about November 22,2014 was serving as the
FieldTrainingOfficer to rookieofficerTimothyLoehmann.
6. Frank Garmback was driving the city issued police cruiser. Timothy
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
toy at a City Playground. Ohio is an open carry state.
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)
14. Timothy Loehmarm 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 [an officer s] burden of establishing that the use of
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
8/8/2019 Preamble to Citizen Participation Rights
60/131
^
nW
c
8VK
nV
i
I
8/8/2019 Preamble to Citizen Participation Rights
61/131
1
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 Frank Garmback
and
Timothy Loehmann have been trained
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
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 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)
14. Timothy Loehmann s use of deadly force was unreasonable. The Sixth
Circuit has recognized that 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.
FURTHER AFFIANT SAYETH NAUGHT
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
8/8/2019 Preamble to Citizen Participation Rights
62/131
VW J A
YSniOll.-.
0U81J
8/8/2019 Preamble to Citizen Participation Rights
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
AFFIDAVIT of Person Having
Knowledge ofOffense R.C.
2935 9
2935 10
Murder
2903.02 B)
Now comes JosephWorthy, 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
stated herein, and is otherwise competent to testify to the matters set forth below.
Further, affiant states the following:
1. My
name
is JosephWorthy, Jr..
2. I am a resident of Cuyahoga County
and
have been a resident of
Cuyahoga County for more than sb< 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 of Tamir Rice.
4. Frank Garmback
and
Timothy Loehmann are public officials pursuant
to R.C.2921.01 A); and employed by the City of Cleveland Division of
Police
8/8/2019 Preamble to Citizen Participation Rights
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
Loehmann was the passenger.
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.
FURTHER AFFIANT SAYETH NAUGHT
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
8/8/2019 Preamble to Citizen Participation Rights
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'*
8/8/2019 Preamble to Citizen Participation Rights
66/131
IN
TH E
CLEVELAND
MLnSTICIPAL
C OUR T
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
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,
deposes and states that he is of full legal age, has personal knowledge of all 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 Joseph Worthy, 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
Recreation Center that captures 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
Qty
of Qeveland Division of
Police
8/8/2019 Preamble to Citizen Participation Rights
67/131
5. FrankGarmback, on or about November 22,2014 was serving as the
Field Training Officer to rookie officerTimothy Loehmann.
6. Frank Garmback was driving the city issued police cruiser. Timothy
Loehmann was the passenger.
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
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.
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
Dereliction of duty, R.C.737.11
14. Timothy Loehmann s use of deadly force was unreasonable. The Sixth
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
Section 147.03O.R.C.
8/8/2019 Preamble to Citizen Participation Rights
68/131
m . /OZJiH /. J
J3AH
JIM
wsJ
A
ysmonA
OUSU ^
OJHO^OaT TS
esH
noiaeimmoO
\ M
^^noitoniqxH
O
f*.0
noi '.)S
8/8/2019 Preamble to Citizen Participation Rights
69/131
IN
TH E CLEVELAND
M UNI C IPAL C OUR T
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,
deposes and states that he is of full legal age, has personal knowledge of all 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 JosephWorthy, 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
Recreation Center that captmes the unlawful killing ofTamir Rice.
4. Frank Garmback and Timothy Loehmann are public officials pursuant
to R.C. 2921.01 A); and employed by
the
Qty of Cleveland Division of
Police
8/8/2019 Preamble to Citizen Participation Rights
70/131
5. FrankGarmback,
on
or about November 22,2014 was serving as the
Field Training Officer to rookie officerTimothy Loehmann.
6. Frank Garmback was driving the city issued police cruiser. Timothy
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
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: 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)
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 [an officer s] burden of establishing that the use of
force was reasonable. Bouggess v Mattingly, 2007 , 482 F.3d 886.
FURTHER AFFIANT SAYETH
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
8/8/2019 Preamble to Citizen Participation Rights
71/131
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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,
deposes and states that he is of full legal age, has personal knowledge of all 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 Joseph Worthy, 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
Recreation Center
that
captures the unlawful killing of Tamir Rice.
4. Frank Garmback and Timothy Loehmann are public officials pursuant
to R C 2921 1 A);and employed by the
Qty
of Cleveland Division of
Police
8/8/2019 Preamble to Citizen Participation Rights
73/131
10
FrankGarmback, on or aboutNovember 22,2014 was servingas the
FieldTrainingOfficer to rookie officer Timothy
Loehmemn.
FrankGarmback wasdriving thecityissuedpolice cruiser. Timothy
Loehmann was the passenger.
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
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 [an officer s]burden ofestablishing that the use of
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
8/8/2019 Preamble to Citizen Participation Rights
74/131
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8/8/2019 Preamble to Citizen Participation Rights
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,
deposes and states that he is of full legal age, has personal knowledge of all 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 JosephWorthy, Jr..
2. 1am 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 caphires the unlawful killing of Tamir Rice.
4. Frank Garmback
and
Timothy Loehmann are public officials
pursuant
to R.C.2921.01 A);and employed by the Cit