Judge Ronald B. Adrine of the Cleveland municipal court released his opinion on Thursday afternoon, stating that Cleveland police officer Timothy Loehmann should face murder and other charges for the death of Tamir Rice.
Judge Adrine also found probable cause to charge Officer Frank Garmback with negligent homicide and dereliction of duty. Garmback was the driver of the squad car.
The judge came to his conclusion after a group of activists and local clergy filed affidavits asking the court to find probable cause against Loehmann and officer Garmback.
"We have the video, and having witnessed it, you can see that it took two seconds for the officers to shoot a 12-year-old boy who showed no malicious intent or aggressive behavior," Reverend Jawanza K. Colvin, one signer of the affidavits, told the New York Times.
While the judge has given his opinion, that does not mean that charges have been filed. Adrine's judicial role at this time is purely advisory, and the decision to charge the officer will come from the prosecutor.
"We are very much relieved and it is a step towards procedural justice and people having access to their government," Walter Madison, an attorney for the Rice family, told the Guardian.
The Cuyahoga County prosecutor, Timothy J. McGinty, is in the process of preparing evidence for a grand jury.
"This case, as with all other fatal use of deadly force cases involving law enforcement officers, will go to the Grand Jury. That has been the policy of this office since I was elected. Ultimately, the Grand Jury decides whether police officers are charged or not charged," McGinty said in a statement.
Last November, Cleveland police received a call about an unsupervised boy playing with a gun in a park. Surveillance video from the scene showed Officers Loehmann and Garmback arrive, with Loehmann firing multiple shots at the boy. Rice had only been playing with a toy gun, and his death sparked a national outcry.
For many, Rice's death was the latest in a pattern of police brutality against minorities. The shooting of unarmed Michael Brown in Ferguson last August pointed out the racial divides still prevalent in the United States. That incident was followed by several other high-profile cases, including the choking death of Eric Garner by the NYPD, and most recently, the death of Freddie Gray in Baltimore.
Mass protests have occurred in major cities across the country seeking accountability for law enforcement.
