Pictured are 12-year-old Cleveland police fatal shooting victim Tamir Rice, Cuyahoga County Prosecutor Tim McGinty (wearing pink tie), and national Revolutionary Communist Party leader Bub Avakian
By Kathy Wray Coleman, editor-in-chief, Cleveland Urban News. Com and the Cleveland Urban News.Com Blog, Ohio's Most Read Online Black Newspaper and Newspaper Blog. Tel: 216-659-0473. Email: editor@clevelandurbannews.com. Coleman is a 22-year political, legal and investigative journalist who trained for 17 years, and under six different editors, at the Call and Post Newspaper in Cleveland, Ohio. (www.clevelandurbannews.com) / (www.kathywraycolemanonlinenewsblog.com).
CLEVELAND, Ohio-Community activists and others seeking justice for slain 12-year-old Tamir Rice will protest at 6 pm at Cleveland City Hall today, Oct. 19, in downtown Cleveland, according to the grassroots local and national group Revolution Books, which is led locally by community activist Bill Swain, and nationally (out of New York City) by communist leader Bob Avakian.
"I will likely be there," said longtime community activist Art McKoy, who leads Black on Black Crime Inc, a local grassroots group stationed in the city of East Cleveland, a neighboring Black and impoverished Cleveland suburb.
The protest coincides with the 7 pm Cleveland City Council meeting, which will put the activists face-to-face with the 17-member city council and three- term Black mayor Frank Jackson, who is under fire for not speaking out enough on arbitrary police killings in the largely Black major American city.
Activists want Jackson's city prosecutor to file a criminal complaint and to push a city judge to find probable cause and bring felony criminal charges against the two White officers involved in the shooting, Timothy Loehmann, who pulled the trigger, and his partner, Frank Gamback . If this happens, the officers, by law, would have the option of a preliminary hearing before a city judge to determine if the case would be bound over for review for possible indictments by a county grand jury. But if Cuyahoga County Prosecutor Tim McGinty is first to present the case to the grand jury, the municipal court loses what limited jurisdiction it already has.
McGinty claims that he has authority to defy state law and to preclude White and other cops from getting charged with felonies at the municipal level in fatal excessive force cases, a stance, say community activists and some Black elected officials, that is unconstitutional . They say that it violates the equal protection clause of the 14th amendment since the county prosecutor still wants others, mainly Blacks, to get, charged, arrested and jailed on felony charges at the municipal level, and before the case is even handed to a county grand jury for assessment..
"Mr. McGinty thinks he is above the law and can get away with doing anything to Black people," said community activist Ada Averyhart, 81.
Activist Al Porter, president of Black on Black Crime, told Cleveland Urban News.Com that "McGinty has a double standard that protects cops in criminal matters and why don't Black people get the advantage of handpicked expert reports before they are indicted by a county grand jury on criminal charges?"
Rice, who was Black, was gunned down in less than two seconds when police pulled up at a public park and recreation center on the city's west side where the kid was playing with a toy gun.The killing has heightened tensions between police and the Black community and follows or precedes other police killings of unarmed Black people in Cleveland and nationwide.
Last week Rices' mother, Samaria Rice, and her attorneys, flanked by community activists, held a press conference calling for McGinty, who has been investigating the case for nearly a year since last November when the tragic shooting occurred, to step aside relative to a possible grand jury indictment of police on criminal charges .
McGinty, who is White and a former longtime common pleas judge, said last week that he will not budge, even amid claims that he is racist and otherwise prejudiced, and that he handpicked law enforcement experts to issue biased reports for the grand jury to seek to exonerate the White cops that killed Tamir before the process concludes.
Mayor Jackson has stalled on pushing for criminal charges, saying in essence that it is McGinty's job as the elected county prosecutor.
In the end, and per state law, only a county grand jury can indict people on felony charges in Ohio, which is raising eyebrows as to how municipal judges can influence the process in any shape or form by charging people with felonies, mainly Blacks, before a grand jury even convenes. All of this, say community activists, to get bond money and to continue disenfranchising the Black community, and to taint the grand jury process at the municipal level, a likely violation, say legal experts, of the due process clause of the 14th Amendment, among other authorities. (www.clevelandurbannews.com) / (www.kathywraycolemanonlinenewsblog.com).