Experts Say Killer Cop " Objectively Unreasonable' Killed 12 Year Old "[Picture, Video]

The reviews stand in direct contrast to three expert reports commissioned and released by Cuyahoga County Prosecutor Timothy J. McGinty, who Tamir’s family, activists and religious leaders have repeatedly called to remove himself from the case.

Cleveland attorney Subodh Chandra and the New York law firm of Emery, Celli, Brinckerhoff & Abady have called McGinty’s expert reports “utterly biased and deeply flawed.” The attorneys represent Tamir’s mother in a pending civil lawsuit filed against the city, the two officers involved in the shooting and the Cleveland police department.

At the legal team’s request, police procedures consultant Roger Clark and former deputy police chief of the Irvine Police Department Jeffry J. Noble, both California-based nationally renowned experts in police use-of-force issues, pored over investigative material and determined the shooting was not justified.

Clark and Noble, in a combined 31 pages of documents, reasoned that officers Timothy Loehmann and Frank Garmback placed themselves in harm’s way by driving within feet of Tamir and shooting him Nov. 22, 2014 outside the Cudell Recreation Center on Cleveland’s West Side.

They pointed to a 2008 U.S. 6th Circuit Court of Appeals ruling in the case of Kirby v. Duva that determined: “Where a police officer unreasonably places himself in harm’s way, his use of deadly force may be deemed excessive.”

The experts also partially blamed the shooting on a culture of corruption in the Cleveland police department that tolerates misconduct. They condemned the department for hiring Timothy Loehmann, the officer who shot Tamir,  without examining his file from a former job that described him as an inept officer.

The officers’ poor tactical decision-making and systemic failures within the department resulted in a death of a child that was “completely avoidable…and should never have occurred,” Clark wrote.

The attorneys sent a letter to McGinty Saturday asking him to present their findings to the grand jury. The prosecutor invited the attorneys in June to offer input and evidence while a case for the grand jury is prepared.

McGinty after receiving the letter told cleveland.com that he would include the reports in the grand jury presentation.

“Our stated policy in all use of deadly force cases is to welcome all relevant evidence and let the grand jury evaluate and make the decision,” McGinty said. “This process is a wide open search for the truth.”

Poor police tactics

Clark’s and Noble’s analysis examined the officers’ tactics from the moment they were dispatched to the park.

The partners failed to follow police procedure that requires officers to develop a plan and call for backup before approaching a person who may be armed, the experts wrote.

“Reasonable police officers responding to a man-with-a-gun call would have stopped their vehicle prior to entering the park to visually survey the area to avoid driving upon a subject who may be armed,” Noble wrote.

Clark also noted that the officers couldn’t have known for sure whether Tamir was the subject being described by the 911 caller. The caller said the person was on the swings, but Tamir was seated at a table in the gazebo when police arrived.

“In my opinion there was nothing in the dispatch information that would positively identify Tamir as the certain target of the call to the responding officers,” Clark wrote.

Further, if the officers determined that Tamir was the suspect in question, the park surveillance video makes it clear that Tamir was not a threat, Clark wrote. The man who called 911 told a dispatcher that the person was pointing a gun at people and scaring them.                    source