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According to the release, federal prosecutors with both the Civil Rights Division and the US Attorney's Office for the Northern District of Ohio concluded that they could not prove that Rice's constitutional rights were violated or the officers obstructed justice."In order to establish a federal civil rights violation, the government would have to prove that Officer Loehmann's actions were unreasonable under the circumstances, and that his actions were willful," federal attorneys said.
Prosecutors said that because the officers' stated that Loehmann thought Rice was going for a gun, the Justice Department would have to prove that "1) Tamir was not reaching for his gun; and 2) that Officer Loehmann did not perceive that Tamir was reaching for his gun, despite his consistent statements to the contrary.
they thought Rice was pulling out a real gun from his waistband."This officer shot this 12-year-old boy within, within less than two seconds, within one second of arriving on the scene," Abady said.