Prosecutor: Grand jury decides if Cleveland officers charged

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People march in protest to the Cuddell Recreation Center where Tamir Rice was killed, in reaction to Cleveland police officer Michael Brelo being acquitted of manslaughter charges after he shot two people at the end of a 2012 car chase in which officers fired 137 shots May 23 in Cleveland, Ohio. After leading police on a 20-mile chase, Timothy Russell and Malissa Williams were shot dead after Officer Brelo jumped onto the hood of the car and unleashing a fatal barrage of gunfire. (Photo by Ricky Rhodes/Getty Images)

CLEVELAND — An Ohio prosecutor says the case of two white policemen involved in the shooting death of a 12-year-old black boy holding a pellet gun will go to a grand jury.

Cuyahoga County prosecutor Tim McGinty spoke after a judge Thursday said enough evidence exists to charge the policemen. The judge can’t compel prosecutors to charge them.

McGinty says the grand jury decides whether police officers are charged or not.

Municipal Court Judge Ronald Adrine ruled there’s probable cause to charge rookie Cleveland officer Timothy Loehmann with murder, involuntary manslaughter, reckless homicide or dereliction of duty. He ruled there’s evidence to charge officer Frank Garmback with reckless homicide or dereliction of duty.

Police say Loehmann ordered Tamir to put his hands up and Tamir’s pellet gun looked real.

Tamir’s shooting raised questions about how police treat blacks and spurred protests around the city.