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Remembering Tamir Rice: Police shooting of 12-year-old playing with toy gun energized criminal justice reform efforts

Tamir Rice had recently traded a cellphone with another boy, exchanging it for a realistic-looking toy gun that fired plastic pellets.

Dressed warmly in a camouflage hat, gray coat with black sleeves and gray pants on a cold November day in Cleveland, Ohio, Tamir went alone to a park near his mother鈥檚 home, threw a snowball and of a Colt pistol.

Someone in the park saw Tamir, called and reported seeing 鈥渁 guy in here with a pistol鈥 that was 鈥減robably fake鈥 and that the holder was 鈥減robably a juvenile.鈥

But due to a series of miscommunications, tactical errors and institutional failures by Cleveland police, the responding officers did not get the message from dispatch that Tamir was likely a child or that what he was holding might be a toy. The officers did, however, get the message that the incident was a 鈥淐ode 1,鈥 indicating the police department鈥檚 highest level of urgency.

A police cruiser suddenly appeared in the park, sliding to a quick stop next to a gazebo where Tamir was standing. Seconds later, a rookie officer fatally shot the boy in the abdomen from point-blank range, describing the 12-year-old as a 鈥淏lack male, maybe 20, black revolver, black handgun by him.鈥

The officer鈥檚 quick draw, captured in a , called into question a police statement that an officer warned the boy three times to raise his hands before shots were fired.

Tamir Rice鈥檚 fatal shooting six years ago on November 22, 2014, drew international attention, highlighted the ways in which police see Black boys as more dangerous than they are, and made Tamir a prominent symbol of the over continued police killings and mistreatment of Black people and other communities of color.

Had he lived, Tamir would now be 18 鈥 old enough to vote. His mother, Samaria Rice, has called for criminal justice reform and started a foundation in his honor to empower and protect Black youth.

鈥淭he murders of Tamir Rice, who was playing with a toy gun; Emmett Till, who was whistling; and , who was walking home after buying candy; all have one thing in common: They were Black boys engaged in harmless adolescent activities, but they were killed because someone thought they were older and more menacing than they were because of their race,鈥 said Tafeni English, director of聽the Southern Poverty Law Center鈥檚聽Civil Rights Memorial Center,听which includes聽interpretive exhibits about civil rights martyrs.

鈥淭he long, grueling road of the anti-racist movement continues in the wake of the more recent killings of other Black people like ,听,听,听,听,听,听聽and so many others 鈥撀爏howing us how much further we still have to go to achieve justice for everyone,鈥 she said.

FBI police database

The shooting death of Tamir Rice and other police killings have prompted efforts to track officers with troubling backgrounds who leave one department and then go to another.

The officer who killed Tamir, for example, related to a girlfriend. A supervisor at another Ohio law enforcement agency where he previously worked said he was 鈥渄istracted and weepy鈥 at a shooting range and that he 鈥渨ould not be able to substantially cope, or make good decisions鈥 in stressful situations. He was allowed to resign from that department after six months.

In March 2014, the Cleveland Police Department hired the same officer without reviewing his personnel file from the previous department. After the officer shot Tamir in November of that year, the Cleveland Police Department fired him for lying on his job application. But in 2018, yet .

Spurred on by Tamir鈥檚 killing and others, the of police use of force. But the effectiveness of the database has been called into question because, among other issues, police departments around the country are not required to share their disciplinary data.

鈥淐ollecting use-of-force information is critical to reform efforts. However, the FBI鈥檚 database 鈥 in its current form and limitations 鈥 isn鈥檛 very useful,鈥 said Jonathan Barry-Blocker, a staff attorney with the 人兽性交鈥檚 Criminal Justice Reform Practice Group.

Only nationwide supplied use-of-force information to the FBI in 2019.

The numbers are abysmal in Southern states.

Only , representing 2% of sworn officers in the state, provided use-of-force data to the FBI in 2020. agencies (8%聽 of officers) participated. agencies (4% of officers) supplied the information.

鈥淭hat is insufficient participation for the database to be of practical use,鈥 Barry-Blocker said. 鈥淎dditionally, it鈥檚 unclear how each reporting agency chooses to capture and report their use-of-force statistics. Therefore, the database is likely not representative of U.S. police agencies and their use-of-force behaviors. If the FBI鈥檚 database is to be a credible tool for substantive policing reform, then the federal government must compel police agencies to report use-of-force data.鈥

Other databases 鈥 including , The Guardian鈥檚 and The Washington Post鈥檚 鈥 capture police use-of-force information better because they are more comprehensive, include more years of data and publish their information, Barry-Blocker said.

Some lawmakers are working to improve the federal government鈥檚 collection and sharing of such data.

In June, the U.S. House of Representatives named the George Floyd Policing Act of 2020 that would, among other measures, create a National Police Misconduct Registry. It would require state and local law enforcement agencies around the country to turn over data on police use of force that would be broken down by race, gender, disability, religion and age.

Additionally, the bill would combat racial profiling in policing, ban chokeholds and outlaw no-knock warrants in drug cases. It would also make it easier to pursue claims against police officers in civil court.

The Senate has not approved the bill.

$6 million settlement

Tamir Rice鈥檚 family sued the city of Cleveland for his killing and won a in 2016. But the city admitted no wrongdoing.

Tamir鈥檚 family still does not believe that justice has been served. In 2015, a grand jury in the case. Last year, as part of a civil rights investigation into the shooting, the U.S. Department of Justice rejected a bid by prosecutors to conduct , effectively ending the probe.

鈥淲hile the settlement set a record for Cleveland police misconduct cases, no amount of money will ever bring a beloved child back,鈥 said Subodh Chandra, the family鈥檚 lawyer. 鈥淎nd prosecutors denied the Rice family a chance at equal criminal justice.鈥

The police officers got the benefit of the doubt in court, he said.

鈥淎s the police union admitted, the officers were permitted to read self-serving, pre-written statements to the grand jury and take no cross-examination questions that would have disproved their excuses 鈥 special treatment afforded police officers that no other criminal suspects enjoy,鈥 Chandra said.

鈥淪till, the family hopes that their tragedy helped raise public awareness and spur the Black Lives Matter movement, so that we all see meaningful change and reform of both policing and prosecutorial practices in the coming years.鈥

Adding insult to injury, when Tamir鈥檚 14-year-old sister ran to the scene minutes after the shooting, the officers 鈥 who are white 鈥 tackled and handcuffed her. When Tamir鈥檚 mother, Samaria Rice, arrived on the scene, distraught over seeing her son鈥檚 body lying on the ground, the officers threatened to arrest her if she did not calm down. Recently, a police supervisor was for detaining Tamir鈥檚 sister for over an hour in the back of a police cruiser.

鈥淲e have a racist government and power, and it鈥檚 not designed for us to get justice,鈥 Samaria Rice said. 鈥淚t鈥檚 not designed for Black and Brown people to get any type of justice under this government. It鈥檚 not designed that way.鈥

In the aftermath of her son鈥檚 killing, Samaria Rice strives to make life better for other Black children. In 2016, she founded the , which 鈥 among other activities 鈥 advocates for police reform by seeking 鈥渢o change laws and implement new policies for the system with community oversight for police accountability and community reform dialogue,鈥 according to the foundation鈥檚 website.

Shortly before this year鈥檚 presidential election, the Tamir Rice Foundation the NAACP, Black Lives Matter activists and G-PAC to encourage Black people to vote. The foundation created a that included information for young people on how to register and mail in their ballots.

The organization also published The Tamir Rice Safety Handbook on its website, with instructions for youth about what to do if they are stopped by police. It implores them to 鈥淪tay calm鈥 and 鈥淎sk if you鈥檙e free to leave,鈥 and advises, 鈥淚f the officer puts their hands on you, don鈥檛 resist.鈥

鈥榃e want to nourish them鈥

In 2018, Samaria Rice also purchased a building in Cleveland, naming it the聽. The building, now under renovation, will house after-school programs focused on聽tutoring, mentoring, arts, music and dancing for inner-city young people.

Rice wants to make the center into a safe space for children where they can learn about their African culture and heritage. She also wants to provide mentors who can help young people harness their power through civic engagement and activism, and teach them how to make change in the systems that oppress them.

鈥淚 created the Afrocentric Cultural Center in memory of my son to give back to the community and invest in the community, also in the inner-city children, because they don鈥檛 have anything to do when school is over with,鈥 she said.

鈥淸It鈥檚] basically my way of giving back and developing a formula, and a formula to teach our Black and Brown children where they come from, that they are very much loved and needed, and we want to nourish them in a way that America has failed.鈥

Photo illustration by 人兽性交