|
 A group of community activists who have sought to bring charges
against the officers directly through a little known Ohio law had
asked the 8th District Court of Appeals to compel the judge to issue
arrest warrants in the case.
Cleveland Municipal Court Judge Ronald Adrine in June found probable
cause for Officer Timothy Loehmann, who shot Rice, and his partner,
Frank Garmback, to face charges in the shooting.
However, Adrine also said his authority to issue warrants conflicted
with state law and called his role advisory, prompting community
leaders to ask the higher court to force his hand.
 Appellate Court Judge Frank Celebrezze Jr. wrote in the 2-1 ruling
denying their request that the community leaders could ask a higher
court to review Adrine's decision. Judge Anita Mays said Adrine
should have been compelled to issue the warrants.
Adrine found probable cause for Loehmann to be charged with murder,
involuntary manslaughter, reckless homicide and other offenses, and
for Garmback to be charged with negligent homicide and dereliction
of duty, both misdemeanors.
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Loehmann shot Rice twice within seconds of arriving outside a city
recreation center on Nov. 22 in response to an emergency call of a
man with a gun. Rice, who was playing with an Airsoft-type replica
handgun that shoots pellets, died the next day.
The shooting investigation is being brought to a Cuyahoga County
grand jury.
(Reporting by Kim Palmer)
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