Preamble To Citizen Participation Rights

IN THE CLEVELAND MUNICIPAL COURT
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
JUDGE
PREAMBLE & AFFIDAVIT of Person
Having Knowledge of Offense R.C

2935.09 -2935.10
PREAMBLE
CITIZEN PARTICIPATION RIGHTS
The Crime Victims' Right Act (CVRA) of 2004,18 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 minded citizenry of Ohio 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, that we deem criminal in nature.
Cleveland Police officers Frank Garmback 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
residents of Cleveland. When, as In this case, their behavior itself, is viewed to be
criminal; the private citizen has a statutory right to act on behalf of the peace and dignity
of the State of Ohio as 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 in The Crime Victims Right Act 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).
In Payne, the concurring Justices, Scalia, O'Connor, and Kennedy acknowledged

the ascendance of crime victims' interest.
Justice Marshall has also explained that '[tjhe jurist concerned with public
confidence in, and acceptance of the judicial system might well consider
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 with a public sense of justice keen enough that it has
found voice in a nationwide "victims' rights" movement.
The Justices' concurrence in Payne understates the publicsense 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 United States Senate version of the CVRA passed with a
96-1 vote In favor. 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
Senate.
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.
In Ohio, 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 private 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 or to have exculpatory evidence presented."
These Officers are not permitted at law to have expert testimony, their own self-
serving testimony, and all other evidence wielded at the sole discretion of the 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 the accused via a criminal
charge.
At any rate the issue of probable cause for an arrest has no bearing upon the
function of any Grand Jury proceeding. Such is the 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 the traditional functioning of the grand jury
that the "common law" of the Fifth Amendment demands. To the contrary, permitting the
prosecutor to present exculpatory as well as inculpatory evidence would alter the 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 has always been thought sufficient for the
grand jury to hear only the prosecutor's side, and consequently that the suspect has no
right to present, and the grand jury no obligation to consider, exculpatory evidence, it
would be incompatible with the current system to impose upon the prosecutor a legal
obligation to present such evidence. Moreover, motions to quash indictments based
upon the sufficiency of the evidence relied upon by the grand jury have never been
allowed, and it would make little sense to abstain from reviewing the evidentiary support
for the grand jury's judgment while scrutinizing the sufficiency of the prosecutor's
presentation.
We the undersigned residents have had the opportunity to view the surveillance
video from the Cudell Recreation Center, Cleveland, Ohio, that captures the criminal act
of the killing of Tamir Rice.
The surveillance video was released by the City of Cleveland as such selfauthenticating.
We all have knowledge of the sequence of events from one or more 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, we 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.
Respectfully Submitted,
/
vin. Pastor
Baptist Church
[Edward Little, Jr.
'P
Of. Rhonda'Y^fliams
Social Jd'st/ce Institute
Dr. pM.yverijIbn Sr. Pastor
Criminal Justice Consultant
The vwrd Church
r. Joseph Wortt
Organizer, Children's Defense Fund
Council on American-Islamic Relations
Ms. JiiJia A.êafsdit Executive Dir.

Ohio Affiliate, Cleveland Chapter
Mr. Bakari Kitwana, Author
Ms. Ractlelle Smith
Hip-Hop Generation
Community Activist
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
JUDGE
AFFIDAVIT of Person Having

Knowledge of Offense R.C. 2935.09
2935.10
Aggravated Murder R.C. 2903.01

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
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..
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 Geirmback and Timothy Loehmann are "public officials" pursuant

to R.C. 2921.01 (A); and employed by the Qty of Cleveland Division of
Police.
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.
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 Rice was a 12-year-old boy playing with a

toy at a City Playground. Ohio is an open carry state.
12.
At aUtimes, Frank Garmback, 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 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.
FURTHER AFFIANT SAYETH NAUGHT
ard Little, Jr.
Sworn to and subscribed in my presence
day of June, 2015.
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CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK CARMBACK
JUDGE

2935.10
Murder 2903.02(B)
STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
Now comes Edward Little,Jr., and after being duly sworn according to law,
1.
2.

3.
4.
Frank Carmback and Timothy Loehmann are "public officials" pursuant

Police.
FrankGarmback, on or about November 22,2014 was servingas the

6.
FrankGarmback was driving the city issued policecruiser.Timothy

10.
11.

12.
At all times, Frank Garmback, acting with the kind of culpability required
for the commission of the offense: Murder, was complidt with Tim
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 Revised Code, to wit: knowingly
caused or attempted to cause physical harm by means of a deadly weapon
or dangerous ordnance.
14.

FURTHER AFFIANT SAYETH NA
Sworn to and subscribed in my presence this
day of June, 2015
*ublic
MICHAELLNELSON, SR.
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CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
TUDGE
FRANK GARMBACK
AFFIDAVITof Person Having

Knowledge of Offense R.C. 2935.092935.10
Involuntary Manslaughter 2903.04(6)

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
1.
2.

3.
4.
Frank Garmback and Timothy Loehmann are "public officials" pursuant

to RC. 2921.01 (A); and employed by the Qty of Cleveland Division of
Police.
5.

6.
Frank Garmback was driving the city issued police cruiser. Timottiy
10.
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.
for the commission of the offense: Involuntary Manslaughter, was
complicit with Tim 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

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 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 Loehmarm's use of deadly force was unreasonable. The Sixth

Edward Little,Jr.
Sworn to and subscribed in my presence this ^ day ofJune, 2015.
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CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
lUDGE

2935.10
Reckless Homicide 2903.041

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
1.
2.

3.
Recreation Center that captures the unlawful kilting of Tamir Rice.
4.
Frank Garmback and Timothy Loehmaim are "public officials" ptursuant

to RC. 2921.01 (A); and employed by the City of Qeveland Division of
Police.

"Field Training Officer" to rookie officerTimothy Loehmann.
10.
11.

12.
for the commission of the offense; RecklessHomicide, 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.

FURTHER AFFIANT SAYETH NAUGHT.
Edward Little, Jr.
Sworn to and subscribed in my presence this.
.day of June, 2015.
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CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
TUDGE

2935.10
Negligent Homicide 2903.05

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
1.
2.

3.
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.
5.
Frank Garmback, on or about November 22,2014 Wcis serving as the

6.
10.
11.

toy at a Gty Playground. Ohio is an open carry state.
12.
for the commission of the offense: Negligent Homicide, was complicit
with Tim Loehmann in the unlawful killing of Tamir 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.
Circuit has recognized that a suspect's "mere possessionof a weapon is

not enough to satisfy [em officer's] burden" of establishing that the use of
FURTHER AFFIANT SAYETH NAUG:
Edward Little, Jr
Sworn to and subscribed inmy presence this Q day of June, 2015.
Notary Public
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MICHAEL L nelson, sr.

Attorney At Law
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STATE OF OHIO
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CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
JUDGE
FRANK GARMBACK

2935.10
Dereliction of Duty R.C. 2921.44

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
1.
2.

Cuyahoga County for more than six months (6) prior to this iffidavit.
3.
Recreation Center that captixres the unlawful killing of Tamir Rice.
4.

to R.C. 2921.01 (A); and employed by the City of Qeveland Division of
Police.
5.

6.
10.
11.

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 <hd any act
14.

Circuit has recognized ihat a suspect's "mere possession of a weapon is
FURTHER AFFIANT SAYETH NAUGHT,
Edwai^ Little, Jr.
Sworn to and subscribed in my presence this 6
day of June, 2015.
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MICHAEL L NELSON. SR.

Attorney At Law
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CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
JUDGE
FRANK GARMBACK

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
Now comes Bakari Kitwana, and after being duly sworn according to law,
1.
My name is Bakari Kitwana.
2.

3.
4.

to R.C. 2921.01 (A); and employed by the Qty of Qeveland Division of
Police.
5.
Frank Garmback,on or about November 22,2014 was serving as the

6.
Frank Garmback was driving the city issued policecruiser. Timothy

10.
11.

12.
13.

(2903.01)
14.

5akariKitwam
Sworn to and subscribed in my presencethis ^
day ofJune, 2015
MICHAEL L NELSON, SR.

Attorney At Law
NOTARY PUBUC
STATE OF OHIO
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IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
TUDGE

2935.10
Murder 2903.02(B)
STATE OF OHIO
COUNTY OF CUYAHOCA
)SS:
)
1.
2.

3.
4.

Police.

10.
11.

12.
for the commission of the offense: Murder, was complicit with Tim
13.

violence that is a felony of the first or second degree that is not a violation
14.

Bakan Kitwana
lotary PuBlic
day of June, 2015.
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IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
JUDGE

Knowledge of Offense R,C. 2935.092935.10
Involuntary Manslaughter 2903.04 (6)

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
1.
2.

Cuyahoga County for more than six months (6) prior to this eiffidavit.
3.
4.

Police.
5.

6.
10.
11.

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2923.03)
13.
Timothy Loehmann caused the death of Tamir Rice,as a proximate result

regulatory offense, or a minor misdemeanor to wit No public servant
14.

Ba^mrTKitwana
Sworn toand subscribed inmy presence this X day ofJune,2015.
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CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
JUDGE

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)

1.
2.

Cuyahoga Coimty for more than six months (6) prior to this affidavit.
3.
4.

to R.C. 2921,01 (A); and employed by the City of Cleveland Division of
Police.

"FieldTrainingOfficer" to rookieofficer Timothy Loehmann.
FrankGarmback was driving the cityissued police cruiser. Timothy
Loehmaim was the passenger.
10.
11.

12.
for the commission of the offense: Reckless Homicide, was complicit with
13.
Timothy Loehmaim recklessly caused the death of Tamir Rice (R.C.

2903.041)
14.

Bak^Kitwana
Sworn to and subscribed in my presence this ^5? dayofJune, 2015
Public

AttorneyAt Law
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CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
JUDGE

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
1.
2.
1am a resident of Cuyahoga County and have been a resident of

3.
4.
Frank Garmback and Timothy Loehmann are "public officials" piuûant

Police.
5.

6.

10.
11.

12.
for the commission of the offense: Negligent Homicide, Weis complicit
13.

14.

Bakari Kitwana
.day of June, 2015.

^
Attorney At
At Law
NOTARY PUBLIC
STATE OF OHIO
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CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
lUDGE

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
Now comes Dr. R.A. Vemon, and after being duly sworn according to law,
1.
My name is Dr. R.A Vemon.
2.

3.
4.

Police.
5.

6.
10.
11.

12.
13.

14.

FURTHER AFFIANT SAYETH NAUG
Sworn to and subscribed in my presence this A
day of June, 2015.
Npfary Publi
Attorney At Law
NOTARY PUBLIC
STATE OF OHIO
My Commission Has
No Expiration Date
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IN THE CXEVELAND MUNICIPAL COURT

CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
JUDGE

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
Now comes Dr. R,A. Vemon, and after being duly sworn according to law,

1.
My name is Dr. R.A. Vemon.
2.

3.
4.
Freink Garmback and Timothy Loehmann are "public officials" pursuant

Police.
5.
Frank Garmback, onorabout November 22,2014 was serving asthe

"Field Training Officer" to rookie officer Timothy Loehmcinn.
6.
10.
BothFrank Garmback and Timothy Loehmann have been trained and

11.
OnNovember 22,2014, Tamir Rice wasa 12-year-old boy playing witha

12.
Frank Garmback recklessly failed toperform a duty expressly imposed by

law withrespect to the public servant's office, or recklessly did anyact
expressly forbidden by law with respectto the public servant's office.
13.

by law with respect to the public servant'soffice, or recklessly did any act
14.

Circuit has recognized diat a suspect's "mere possessionof a weapon is
Sworn to and subscribed in my presencethis ?

Q
day of June, 2015
L
otafrv Public
B4ICHABLL NELSON,SR.
AttorneyAt Uw
NOTARY PUBLIC
:
STATE OF OHIO
...
OF
My Commission Htt
No Expiration OSli
J!8,W08.I3ilJJ3AH3IM
W8JJA ysmoJrA
^
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9180 notfG'iq;';-* ;;H
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CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
TUDGE
FRANK GARMBACK

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
Now comes Joseph Worthy, Jr., and after being duly sworn according to law,
1.
My name is Joseph Worthy, Jr..
2.

3.
4.

Police.
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
JUDGE

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
Now comes BakariKitwana, and after being duly sworn according to law,
deposes and states that he is of full legalage, has personal knowledgeof all the matters
1.
2.

3.
4.
FrankGarmback and Timothy Loehmann are "publicofficials" pursuant

Police.
5.
6.
FrankGarmback, on or about November22,2014 was servingas the

FrankGarmback was driving the cityissuedpolice cruiser. Timothy

10.
familiarized with the oirninal laws of the Revised Code.
11.

12.
FrankGarmback recklessly failed to performa duty expressly imposed by

law with respect to the public servant's office, or recklessly did any act
13.
Timothy Loehmemn recklessly failed to perform a duty expressly imposed

by law with respect to the publicservant's office, or recklessly did any act
14.

force was reasonable. Bouggess v Mattingly, (2007), 482 F.Sd 886.
B^kaifKitwana
t()
day ofJune, 2015
MICHAEL L. NELSON. SR.
AttorneyAt Law
NOTARY PUBUG
STATE OP OHIO
MyCommitslon Hat
NoExpiratiohlMe
J!8 ,l40?javi J JHAHOIM o^VXW ?///cl',

WSJ JA y&rnoBA
^"ouaun YRAToi^
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Wp
3j
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
TUDGE
FRANK GARMBACK

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS;
)
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.
1.
My name is Dr. R.A. Vernon.
2.

3.
4.

Police.

10.
11.

12.
witfi Tim Loehmann in the unlawful killing of Tamir Rice (2923.03)
13.

(2903.01)
14.

FURTHER AFFIANT SAYETH NAUG
Dr.iRjA. A'emon
day of June, 2015.

ASomeyAtLaw
NOTARY PUBLIC
STATE OF OHIO
My Commission Has
No Expiration Date
.HS.K08J3VIJ J3AH0IM
vvsJ 1A ysriiotjA
f
OtHO 10 ..' "A ''3
26H iio-ee:."""o.:- .1.'

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iN
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?: A' ' ? I r I
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
TUDGE

2935.10
Murder 2903.02(B)
STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
deposes and states that he is of full legal age, has personal knowledge of aUthe matters
1.
My name is Dr. R.A.Vemon.
2.

3.
I have had the opportunity to view the surveillance video from CudeU
4.

Police.
Frank Garmback/ on or about November 22,2014 was serving as the

10.
11.

12.
13.

14.

FURTHER AFFIANT SAYETH NAU
Vemon
.X day of June, 2015.
Pifblic/
MHJHAIiLLNEL80N.SR.
\
AttorneyAt Law
NOTARY PUBUC
STATE OF OHIO
My Commiesion Hat
NoExpiratkmOata
.aa .HO?J3/l J J3AH0IM

WSJ }A ysmoWA
ouaus YRAI OM
OIHO 30 3TAT8
aeH noiaeimmoO yM
StsQ noiJBitqyB okl
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',30
'fill''
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
TUDGE
FRANK GARMBACK

Knowledge of Offense R.C. 2935.09 2935.10
Involuntary Manslaughter 2903.04 (B)

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
deposes and states that he is of fuU legal age, has personal knowledge of all the matters
1.
2.

3.
4.

Police.

10.
11.

12.
for the commission of the offense: Involimtary Manslaughter, was
2923.03)
13.

respect to the public servant's office,or recklessly do any act expressly
14.

FURTHER AFFIANT SAYETH
emon
y of June, 2015.
imsoN.sR
Attorney Atlaw
notary PUBUC
STATEOF OHIO
MyComminionHas
NoExpMHonDate
OV**'
^WOgJ3KjJ3AH01M
wsJ lA VdnioiTA
/ ,#KwJojV
Vl^\
OUeU^YSATOM
0!HO%3TAT8
^sH noistimmoO yM
3Jeanai|i<|*3oM
o.a.oeo.TAf noitosS
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
TUDGE

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
1.
2.

3.
4.

Police.
5.

6.
10.
11.

12.
for the commission of the offense: Reckless Homicide, was compUcit with
13.

2903.041)
14.

FURTHER AFFIANT SAYETH NAUG:
Sworn to and subscribed in my presence this JL_,day of June, 2015
MICHAELL NELSON.SR.
AaomeyAtLttir
:
:
NOTARY PUBUC
STATE OF OHIO
MyCommission Hat
No ExpirMionOais
Section 147.03 O.RC.
gsoiou i<\ 03 0*C'

no E*bii|JWX^
couiujiae^ ^
8iViK OL 0H(0
noiVBA bnenc
i, ^ j . ' .
vaoiu^x \)\ r9
I\ v^V wicHVEF r viv now xir

10.
11.

12.
13.

(2903.01)
14.

not enough to satisfy [an officer's]burden" of establishing that the use of
force was reasonable. Bouggess v Mattingly, (2007), 482F.3d 886.
eph Worthy, Jr
Sworn to and subscribed in my presencethis U day of June, 2015

Attorney At Law
NOTARY PUBLIC
STATE OF OHIO
My Commission Has
No Expiration Oats
Section 147,03 O.R.C
..tUtf,,
VW6.J *A YSniOll.-.
0U81J<3 ,'H, : /
Oil-Kl
:' -
asH noieg f;
sJSO nciisr.iOKi cl-l

O.f? O EO
nosjoer:
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
JUDGE
FRANK GARMBACK

2935.10
Murder 2903.02 (B)

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
1.
2.

Cuyahoga County for more than sb< months (6) prior to this affidavit.
3.
4.

Police.

Frank Garmback wasdriving thecity issued police cruiser. Timothy

10.
11.
On November 22,2014, Tamir Rice wasa 12-year-old boy playing witha

toy at a CityPlaygroimd. Ohio is an open carrystate.
12.
Atall times, Frank Garmback, acting with the kind ofculpability required
for thecommission oftheoffense: Murder, wascomplicit withTim
Loehmann in the unlawful killing ofTamirRice (R.C. 2923.03)
13.

proximate result of committing or attemptingto commit an offense of
violence that is a felony of the firstor second degree that is not a violation
ofsection 2903.03 or2903.04 ofthe Revised Code, towit: knowingly

caused or attempted tocause physical harm by means ofa deadly weapon
14.
Circuit hasrecognized thata suspect's "mere possession ofa weapon is

not enough to satisfy [anofficer's] burden" ofestablishing that the useof
ph Worthy, Jr
Sworn to and subscribed in mypresence this
.day ofJune, 2015
5afie&
^
'

Attorney At Law
NOTARY PUBLIC
STATE OF OHIO
My Commission Has
No Expiration Dm
Section 147.03 O.RC
.?. MO-'
t.Vd-A J .13AHOIM iwsJ !A vH:"oijA
ouau- V^;A T.
asH noieeifTir-ic:> vV:

lBa noiiBiia*3 01.1
0.OEOTS>f io!):-.oa
If/,^^\1
5^
'
'
''.?,9,o'*
IN THE CLEVELAND MLnSTICIPAL COURT
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
JUDGE
FRANK GARMBACK

Involimtaiy Manslaughter 2903.04 (B)

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
1.
2.

3.
4.

Police.
5.

6.
10.
11.

12.
for the commissionof the offense: Involuntary Manslaughter, was
2923.03)
13.

shall recldessly fail to perform a duty expressly imposed by law with
forbidden by law with respect to the public servant's office. R.C.2921.44
14.

force was reasonable. Bouggessv Mattingly, (2007), 482F.3d 886.
S^h Worthy, Jr.
Sworn to and subscribed in my presence this ^ day ofJune, 2015.

-
'"Notai^PuShc
*CHABLLNELSON,SR.
;
Attorney At Law
notary public
- .STATE OF OHIO
Myt^mlMionHaa
m .'/OZJiH'/. J J3AH JIM

wsJ !A ysmonA
OUSU"^
OJHOÔaTATS
esH noiaeimmoO \'M
^^noitoniqxH
Of*.0
noi!'.)S&
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
JUDGE

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
1.
2.

3.
Recreation Center that captmes the unlawful killing of Tamir Rice.
4.

Police.
5.

6.
10.
11.

12.
for the commission of the offense: Reckless Honucide, was complicit with
13.

2903.041)
14.

ôgrah Worthy, Jr
^ day of June, 2015
fotary rubl
MICHAEL L. NELSON. SR.
i
:
AllomeyAlt.
NOTARY PUBUC
STATE OF OHIO
My Commission Hts
No Expiration Otto
5^^.-^- r
.:
: .
'-
^
"
"
ivJi 03O tf C"
jrso cxbiiaiÔSW
i'i^ r.otjiujisetoy hss^

? J VI Oh OHIO
mxWA bnenc
\faoiijrsh v< rswi
wicir/er r HErsoM' air
Yit
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
JUDGE

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
1.
2.

3.
4.

to R.C. 2921.01 (A);and employed by the Qty of Cleveland Division of
Police.

"Field Training Officer" to rookie officer Timothy Loehmemn.
10.
11.

12.
for the commission of the offense:Negligent Homicide, was complicit
with Tim Loehmarm in the unlawful killing of Tamir 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.

Worthy, Jr
Sworn to arid subscribed in my presence this
day of June, 2015
PuffillC

Attorney At Law
t
NOTARY PUBUC
STATEOF OHIO
IMy Commission Has
No Expiration Ma
Section147.03O.R.C.
J .!!?/ )iOiU
wsJ 3A viniOfiA
oiJu-J vmrcM
0!H0 HO BTATa
ssH noieaurmoO v^''

also no!iBiifi*3 oH
.O.R O eOT^r noijosg
\ f///>;'-,
C
"rmO*
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
JUDGE
FRANK GARMBACK

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)

1-
2.

3.
Recreation Center that caphires the unlawful killing of Tamir Rice.
4.

to R.C. 2921.01 (A); and employed by the City of Qevelcind Division of
Police.


10.
11.

12.
Frank Garmback recklessly fciiled to perform a duty expressly imposed by

13.

by law with respect to the public servant's office, or recklessly did any act
14.

oseph Worthy, Jr.
Sworn to and subscribedin my presencethis U
day ofJune, 2015
Public
MICHAEL L. NELSON, SR.
if
Attorney At Law
NOTARY PUBUC
STATE OF OHIO
MyCommission Has
No Expiration Data
.Hg
j jHAi v)iu o>^\\ \l//%\

wsJ 'A .noJJA
3uau'-
Oi^^C ' J
aeHnoiee:::
"
'
,w
dlSO riOiSE'ri' 'i

.O.fl.OeO TAT no!'0'=j&
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
JUDGE

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
Now comes Julia A Shearson, and after being duly sworn according to law,
deposes and states that she is of full legal age, has personal knowledge of all the matters

1.
My name is Julia A Shearson.
2.

3.
4.

Police.

Frank Carmback was driving the city issued police cruiser. Timothy
10.
Both Frank Carmback and Timothy Loehmann have been trained and
11.

12.
At all times, Frank Carmback, acting with the kind of culpability required
13.

(2903.01)
14.

force was reasonable. Bouggess v Mattingly, (2007), 482F.3d 886.
arson
day of Jime, 2015
Sworn to and subscribed in my presence thi
Notary Pumic
ABomtyAtLaw
NOTARY PUBLIC
STATE OF OHIO
My Commission Hm
No Expiration Oats
j JHAH'JIM yCA\\t///^->''.
wsJ tA ysrno?JA
-: : OS-qATOW
j:
omo:..
mH noiafeif*'""'--
jrteO noiJfniqxf? 01'.

N
',v...
'

CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
JUDGE

2935.10
Murder 2903.02 (B)

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)

1.
2.

3.
4.

Police.
5.
Frank Garmback, on or aboutNovember 22,2014 wasserving as the

6.
10.
Both FrankGarmback and Timothy Loehmann have been trained and

11.

12.
At all times, Frank Garmback, acting with the kind ofculpability required
for thecommission oftheoffense: Murder, wascomplicit vdthTim
Loehmann in the unlawful killing ofTamir Rice (R.C 2923.03)
13.

proximate result of committing or attempting to commit an offenseof
violence that is a felony of the firstor second degree that is not a violation
ofsection 2903.03 or 2903.04 ofthe Revised Code, to wit: knowingly

caused or attempted tocause physical harm by means ofa deadly weapon
14.
Circuit hasrecognized that a suspect's "mere possession ofa weapon is

not enough to satisfy [anofficer's] burden" of establishing that the use of
earson
Swornto and subscribed in my presence this 0
otanfPub
ofJune, 2015.
MCHAEL L NELSON, SR.

Attorney At Law
NOTARY PUBLIC
STATE OF OHIO
MyCommission Has
No Expiration Date
^<MO :fO 3TA c
dlsC 'iCiiii
" f! o?n *^r n>' ,-.c
"
'./
*r
'' .''j-.'-V'^*'"
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
JUDGE

Knowledge of Offense R.C. 2935.092935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
1.
2.

Cuyahoga County for more than six months (6)prior to this affidavit.
3.
1have had the opportunity to view the surveillance video from Cudell
Recreation Center that captures the unlawful kiUing of Tamir Rice.
4.

Police.
5.
6.

10.
11.

12.
2923.03)
13.

shall recklessly fail to perform a duty expresslyimposed by law with
14.

JuflarA Shearson
Sworn to and subscribed in my presence tlu
of Tune, 2015.

Attorney At Law
:
e OP,9'"''
notary public
STATE OF OHIO
My Cotnmwsion Has
No Expiration Date
jr. 147.03 O.R.C.
IH/ H'MM
-< ."S <ir.!ii'
'
S5:.S.S5=SSs#--i
eH ooiaaimii'
r H >1.^
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
lUDGE
FRANK GARMBACK

Knowledge of Offense R.C.2935.09
2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
Now comes Julia A Shearson, and after being dtdy sworn according to law,

1.
2.

3.
4.

Police.
5.

6.

10.
11.

12.
for the commission of the offense: RecklessHomicide, was complicit with
Tim Loehmann in the unlawful killing of Tamir Rice (R,C. 2923.03)
13.

2903.041)
14.

earson
Sworn to <md subscribed inmy presence this ^
day ofJune, 2015
Notary Public
MICHAELL. NELSON, SR.
Altomii At
At Law
VMM
Attorney
NOTARY PUBLIC
STATE OF OHIO
My Commission Has
Nc Expiration Date
nf
Seciion 147.03 O.R.C.
y.0^J3V^.J Ja/vH'JiM
tt/t!
uomftll A
wsJ 1A
lA ysmollA
0uau<! YATOM
OIHO =10 3TAT8
;jgH "-i^simmoO yM
3jSG .
.O.a.OcO i>:
'
jl/jo^,
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
JUDGE

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
Now comes Julia A Shearson., and after being duly sworn according to law,
deposes and states that she is of fuU legal age, has personal knowledge of all the matters
1.
2.

3.

4.

Police.
5.
6.

10.
11.

12.
13.

14.

force was reasonable. Bouggess v Mattingly, (2007),482 F.3d 886.
Shearson
Sworn to and subscribed in my presence this 9^ day ofJune, 2015

Notary Publi

AttorneyAt Law
NOTARY PUBUC
STATE OF OHIO
My Commisstoo Has
NoExplfMlont^
.Hi- .VlO?jm J jaAHOIM . y vV " //V '

weJJAysmolJA
3UaU'^ YiRATi^^t
OIHO "lO 3TAT ft
aaH noismmoO
sleQ noilBiiqxn oM
.O.n.oeo.TAr no-'-jfft
" "O^. .. -O
CLEVELAND, OHIO
IN RE;
TIMOTHY LOEHMANN
FRANK GARMBACK
TUDGE

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
Now comes Julia A Shearson., and after being duly sworn according to law,
1.
2.

3.
4.

Police.

Frank Garmback was drivingthe city issued police cruiser. Timothy

10.
11.
On November22,2014, Tamir Rice was a 12-year-old boy playing with a

12.
FrankGarmback recklessly failed to performa duty expressly imposed by

13.

14.

force was reasonable. Bouggess v Mattingly, (2007), 482 F.Sd886.
heafson
A.
,day of June, 2015.
-ôtarv Public
MICHAELL. NELSON, SR.
Attorney At Law
NOTARY PUBUC
STATE OF OHIO
My Commission Hat
No Expiration IMt
..y-
WS J f A . - ^ v^V- "<</'-.
OtJSL^! '^
OIHC^ ' ^
asH ncieeirrr-c ^ , .
-. r-,
. 4iv
lQnoiJGii;v<.3 -.1'.
0.fl.0 C
"-"nac;
'',y
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
TUDGE

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
Now comes Rev. Dr. Jawanza Colvin, 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 Rev. Dr. Jawanza Colvin
2.

3.
4.

Police.
5.
Frank Garmback,on or about November 22,2014 was serving as the

6.

10.
familiarized widi the criminal laws of the Revised Code.
11.
On November 22,2014,Tamir Rice was a 12-year-old boy playing with a

12.
13.

person who was imder thirteen years of age on November 22,2014.
(2903.01)
14.

Rev^^Dâwanza Colvin
day of June, 2015.

Attorney At Law
NOTARY PUBLIC
STATE OF OHIO
My Commission Has
No Expiration Date
'r11411
5<?
->
rtj S ^
^ <r rr
>
zr
iii
<1
<v
S ôoil'J
a:
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
JUDGE
FRANK GARMBACK

2935.10
Murder 2903.02(B)
STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
Now comes Rev.Dr. Jawanza Colvin, and after being duly sworn according to
1.
My name is Rev.Dr. Jawanza Colvin.
2.

3.
4.

Police.
5.
6.

10.
11.
On November 22,2014, Tcunir Rice was a 12-year-old boy playing with a

12.
for the commission of the offense: Mtirder, was complidt with Tim
13.

14.

FURTHER AFFIANT SAYETH NA'
RevTJrjTânzaCoilvin
Sworn to and subscribed in my presence this r)
day of June, 2015
^ p ^ W I A L dU,
./^ôta^ Publi^
Attorney At Law
NOTARY PUBLIC
:'
2
' -
'
STATE OF OHIO
My Commission Has
" "'i"
. ;
No Expiration Data
J18
J Ja/^'JIM
wbJ )A ysmollA
ouauq Y?ÂTOH
OIHO ao liT/. :>
2BH noiB3imrnr
'.'
0)bO noiJsiiq'xH : /
.O.fl.O EO.T^.^ r.o!!.-)',-
j//^Pi',
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
TUDGE

Knowledge of Offense R.C.2935.09 2935.10

STATE OF OHIO
COUNTY OF CUYAHOCA
)SS:
)
1.
2.

3.
4.

Police.
FrankGarmback, on or about November22,2014 was serving as the


10.
11.
On November 22,2014,Tamir Rice was a 12-year-old boy playing vsnth a

12.
2923.03)
13.

shall recldessly fail to perform a duty expressly imposed by law with
14.

tawanza Colvin
day of Jtme, 2015
MICHAELL. NELSON,SR.
AttorneyAt Law
:
NOTARY PUBLIC
STATE OF OHIO
My Commission Has
No Expiration Date
,HO?J3K J J3AHDIM ,#?\\f///6>

woJ!AvsmortA
ouauq YHATOH
OiHO
3TA! 3
asH noi23imfnc.'' vi,.

9ls0 notfBitqx3 oW
.0..0O.Tf.f no.JD98
'
.JiA
i_
''-tf rT^v ;
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
TUDGE
FRANK GARMBACK

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
Now comes Rev. Dr. Jawanza Colvin, and after being duly sworn according to
1.
2.

3.
4.

Police.
5.

"Field Training Officer" to rookie officer Timothy Loehmarm.
6.
10.
11.
On November 22,2014, Tamir Rice was a 12-year-old boy pla)dng with a

12.
for the commission of the offense; RecklessHomicide, was complicit with
13.

2903.041)
14.

vrDKnawanza Colvin
day of June, 2015.
j^taryûbh
MICHAELL.NELSON,SR.
^ A t t o mAttorneyAt
e v At Law
NOTARY PUBUC
STATE OF OHIO
My Commission Has
No ExpirationData
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CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
TUDGE
FRANK CARMBACK

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
1.
2.

3.
4.

Police.
5.
Frank Garmback, on or about November 22,2014 was serving as die

6.
10.
11.

12.
13.

14.

FURTHER AFFIANT SAYETH
Re^^r. Jawanza Colvin

day of June, 2015.
Iî^ry Public
MlCHAELL.NELSON,Slt
Attorney At Lmt
NOTARY PUBUC
STATE OF OHIO
Mv Commission Has
No Expiration Date
Seooon 147.03 O.R.C.
Jig .M02J3M .J JSAHDm

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CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
TUDGE
FRANK GARMBACK

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
Now comes Rev. Dr. Jawanza Colvin., and after being duly sworn according to
1.
My name is Rev.Dr.Jawanza Colvin.
2.

3.
4.

Police.

Loehmann weis the passenger.
10.
11.

12.

13.

14.

force was reasonable. Bouggess v Mattingly, (2007), 482 F.Sd 886.
r. Jawanza Colvm
Sworn to and subscribed in my presence this 0
day of June, 2015
^taiyPublic
msfj/m

Attorney At Law
NOTARY PUBLIC
STATE OF OHIO
My Commission Hsn
No Expiration Data
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CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
JUDGE

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
Now comes Dr. Rhonda Y Williams, and after being duly sworn according to
law, deposes and states that she is of full legal age, has personal knowledge of all the
below. Fiulher, affiant states the following:
1.
My name is Dr. Rhonda Y Williams
2.

3.
4.
Frank Garmback and Timothy Loehmeinnare "public officials" pursuant

Police.
5.

6.
10.
11.

12.
13.

(2903.01)
14.

Dr. Rhonda
lar^Vnuams
Sworn toand subscribed in my presence this._(2_ day ofJune, 2015
MICHAEL LNELSON,
.Attorney
At Law SR.
notary public
state of OHIO
My Commission Has
c
Data
Section
147.03 O.R,Q,
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\S^f3:0V'rr
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
JUDGE

2935.10
Murder 2903.02(B)
STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
Now comes Dr. Rhonda YWilliams, and after being duly sworn according to
1.
My name is Dr. Rhonda Y Williams.
2.

3.
4.

Police.


10.
Both Frcink Garmback and Timothy Loehmann have been trained and
11.

12.
13.

14.

Dr. RHbnda Y Williams
Zr. fePubl^
Notary
day of June, 2015.
M|0HAB.L.iaFION.SlL
Attorney At Law
notary public
STATE OF OHIO
My CommisskMjit^
No ExpirafionlW#
Section
147.03 O.R.C.
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CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
lUDGE


STATE OF OHIO
COUNTY OF CUYAHOCA
)SS:
)
1.
2.
I am a resident of Cuyahoga Cotmty and have been a resident of

3.
4.

Police.

Frank Garmback was driving the dty issued police cruiser. Timothy
10.
11.

12.
2923.03)
13.

forbidden by law with respect to the public servant's office. R,C. 2921.44
14.

lams
Sworn to and subscribed inmy presence this -O- day of June, 2015.
Jotary
>
MICHAEL
LNELSON, SR.
AHnmAu Af I fluf
Attorney At Law
NOTARY PUBLIC
STATE OF OHIO
My Commission Has
No Expiration Data
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" - -^' '-
CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
TUDGE

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
1.
2.

3.
4.

Police.

10.
11.

12.
for the commission of the offense: Reckless Homicide, was complicit with
13.

2903.041)
14.
Timothy Loehmaim's use of deadly force was unreasonable. The Sixth

Dr. Rhonda Y
lams
day of June, 2015.
Notai^ûblrc
MICHAEL L. NELSON, SR.
Attorney At Law
NOTARY PUBLIC
STATE OF OHIO
My Commission Has
No Expiration Data
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CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
JUDGE

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
Now comes Dr. Rhonda Y Williams,and after being duly sworn according to

1.
2.

3.
4.

Police.
5.

6.
10.
familiarized with die criminal laws of the Revised Code.
11.

12.
with Tim Loehmarm in the luilawful killing of Tamir Rice (R.C. 2923.03)
13.

14.

Dr. Rhonda Y Williams
. _ day of June, 2015
C':ôV\\ /
:

Attorney At Law
NOTARY PUBLIC
STATE OF OHIO
MyCommission Has
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CLEVELAND, OHIO
IN RE:
TIMOTHY LOEHMANN
FRANK GARMBACK
TUDGE

2935.10

STATE OF OHIO
COUNTY OF CUYAHOGA
)SS:
)
Now comes Dr. Rhonda YWiUiams., and after being duly sworn according to

1.
2.
I am a resident of Cuyahoga Coimty and have been a resident of

3.
4.

Police.
FrankGarmback, on or about November22,2014 was serving as the

10.
11.

12.

13.

14.

'M
Dr. Rhonda
liams
Sworn to and subscribed in my presence this (S
day of June, 2015.
Notary Piiblic
SE.
.#r\\l///^'
'WV! //W MCHAELl-NB^.
Attorney At Law
notary PUBUC
?ÂTE OF OHIO
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Section 147.03 O.R.C,
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Preamble To Citizen Participation Rights

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Preamble To Citizen Participation Rights

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IN THE CLEVELAND MUNICIPAL COURT

PREAMBLE & AFFIDAVIT of Person

Having Knowledge of Offense R.C

(a) RIGHTS OF CRIME VICTIMS.-A crime victim has the

(7) The right to proceedings free from unreasonable delay.

residents of Cleveland. When, as In this case, their behavior itself, is viewed to be

private citizen is entitled to charge a crime on behalf of the people.

Federally, Crime victims' interest within judicially crafted procedures is a concept

In Payne, the concurring Justices, Scalia, O'Connor, and Kennedy acknowledged

The Justices' concurrence in Payne understates the publicsense of justice today.

The Integrity of The Grand Jury Process

what if any defenses are available. Justice Scalia indicated:

[Edward Little, Jr.

Dr. pM.yverijIbn Sr. Pastor

Criminal Justice Consultant

The vwrd Church

Council on American-Islamic Relations

Ms. JiiJia A.^eafsdit Executive Dir.

Mr. Bakari Kitwana, Author

Ms. Ractlelle Smith

IN THE CLEVELAND MUNICIPAL COURT

AFFIDAVIT of Person Having

Aggravated Murder R.C. 2903.01

My name is Edward Little, Jr..

I am a resident of Cuyahoga County and have been a resident of

Frank Geirmback and Timothy Loehmann are "public officials" pursuant

Frank Garmback, on or about November 22,2014 was serving as the

On November 22,2014, Tamir Rice was a 12-year-old boy playing with a

At aUtimes, Frank Garmback, acting with the kind of culpability required

Timothy Loehmann purposefully, caused the death of Tamir Rice, a

Timothy Loehmann's use of deadly force was unreasonable. The Sixth

FURTHER AFFIANT SAYETH NAUGHT

ard Little, Jr.

Sworn to and subscribed in my presence

day of June, 2015.

"'-to ;V/j WV'ikV wiCHVEr r mr

IN THE CLEVELAND MUNICIPAL COURT

AFFIDAVIT of Person Having

My name is Edward Little, Jr..

I am a resident of Cuyahoga County and have been a resident of

Frank Carmback and Timothy Loehmann are "public officials" pursuant

FrankGarmback, on or about November 22,2014 was servingas the

FrankGarmback was driving the city issued policecruiser.Timothy

On November 22,2014, Tamir Rice was a 12-year-old boy playing with a

Timothy Loehmann purposely caused the death of Tamir Rice, as a

Timothy Loehmann's use of deadly force was unreasonable. The Sixth

FURTHER AFFIANT SAYETH NA

Sworn to and subscribed in my presence this

day of June, 2015

Section 147.03 O.R.C.

'<p//f i \wicHVETr WEnow ?.u-

IN THE CLEVELAND MUNICIPAL COURT

AFFIDAVITof Person Having

Involuntary Manslaughter 2903.04(6)

My name is Edward Little, Jr..

I am a resident of Cuyahoga County and have been a resident of

Frank Garmback and Timothy Loehmann are "public officials" pursuant

Frank Garmback, on or about November 22,2014 was serving as the

On November 22,2014, Tamir Ricewas a 12-year-old boy playing with a

Timothy Loehmann caused the death of Tamir Rice, as a proximate result

Timothy Loehmarm's use of deadly force was unreasonable. The Sixth

FURTHER AFFIANT SAYETH NAUGHT

IN THE CLEVELAND MUNICIPAL COURT