${site.data.firmName}${SEMFirmNameAlt}
Main Menu
SPEAK WITH US TODAY 216-578-1700

Municipal Court Ruling Disclaiming Authority to Arrest Officers Involved in Tamir Rice Killing Directly Contradicts 2006 Ohio Supreme Court Decision

Friday, June 12, 2015

photo-6.png

The shooting shook Cleveland and the nation.

FOR IMMEDIATE RELEASE

Contact: Subodh Chandra

216.578.1700 (o)

Subodh DOT Chandra AT ChandraLaw.com

www.ChandraLaw.com

Municipal Court Ruling Disclaiming Authority to Arrest Officers Involved in Tamir Rice Killing Directly Contradicts 2006 Ohio Supreme Court Decision, Civil-Rights Attorney Observes

CLEVELAND, OHIO -Yesterday's ruling by Cleveland Municipal Court Administrative Judge Ronald Adrine that he does not have the authority or obligation to order the arrest Cleveland Police Patrol Officers Timothy Loehman and Frank Garmack-despite his finding that probable-cause exists that both committed felonies related to the November 23, 2014 death of 12-year-old Tamir Rice-directly contradicts a recent Supreme Court of Ohio decision, civil-rights attorney Subodh Chandra observed.

Chandra was referring to the case of State ex rel. Boylen v. Harmon, 107 Ohio St. 370, 2006-Ohio-7. In that 2006 case, the Ohio Supreme Court specifically held that "There is no conflict...between R.C. 2935.10 and Crim.R. 4(A)(1)." Yet Judge Adrine-apparently overlooking this binding holding from Ohio's highest court-held that that statute and that criminal rule were in conflict and that the rule thus trumps the statute, relieving him of the obligation to issue arrest warrants.

Judge Adrine's ruling followed a filing of affidavits on June 9, 2015 by community activists under R.C. 2935.09 and 2935.10 requesting that the officers be arrested. R.C. 2935.10 provides that a judge "shall forthwith issue a warrant for the arrest of the person charged in the affidavit" [emphasis added] unless the court finds that the affidavit "was not filed in good faith" or "the claim is not meritorious." Judge Adrine found the affidavits to be filed in good faith and supporting probable cause to arrest, but declined to issue the warrants, citing, at pages 7 and 8 of the opinion, the non-existent conflict.

Chandra said, "Judge Adrine is one of our county's finest jurists, but his ruling conflicts with Supreme Court authority directly on point. Having found probable cause that the officers had committed crimes, and that the affidavits were filed in good faith, he was required by Ohio statute to issue arrest warrants. It would then be up to the grand jury and county prosecutor to sustain those charges by indictment."

"One might expect at this point for the community activists to ask Judge Adrine to correct his ruling and issue the arrest warrants," Chandra added. "Or they could bring a mandamus action asking the 8th District Court of Appeals or Ohio Supreme Court of Ohio to order Judge Adrine to issue the warrants, consistent with the Supreme Court's 2006 decision and the statute."

Chandra is managing partner of The Chandra Law Firm LLC, a former federal prosecutor, and former law director and prosecuting attorney for the City of Cleveland. Chandra was assisted in researching the validity of Judge Adrine's ruling by law clerk Marvin Brown, a rising-third year student at the Yale Law School.

No Comments

Leave a comment
Comment Information

Our work featured on

  • Forbes
  • DEADSPIN
  • ABC News
  • CBS News
  • CNN
  • NBC News
  • MSNBC
  • NPR
  • Huffington Post
  • New York Times
  • Washington Post
  • Wall Street Journal
  • USA TODAY
  • LOS ANGELES TIMES
  • Chicago Tribune
  • San Francisco Chronicle
  • AP
  • Slate
  • TPM
  • Daily Kos
  • guardian news
  • Business Insider
  • The Colombus Dispatch
  • The Enquire | Cincinnati.com
  • Akron Beacon Journal | ohio.com

Contact The Chandra Law Firm LLC To Learn More

Making the right choice in legal representation can make the difference in whether you achieve a result that protects your legal rights and best interests. To schedule a consultation with litigators who will go the extra mile for you, fill out our online contact form or call our office in Cleveland at:

216-578-1700

TELL US ABOUT YOUR LEGAL ISSUE

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

The Chandra Law Firm LLC
1265 West 6th Street
Suite 400
Cleveland, OH 44113

Phone: 216-578-1700
Fax: 216-578-1800
Map & Directions

Super Lawyers