A Cleveland judge said on Thursday that there’s probable cause to charge the police officer who last year fatally shot 12-year-old Tamir Rice with murder, manslaughter, and reckless homicide.

The Washington Post reports that Ronald B. Adrine, a Cleveland municipal judge, wrote in an order that Officer Timothy Loehmann should be charged with murder, involuntary manslaughter, and reckless homicide. Adrine also said that Officer Frank Garmback, Loehmann’s partner, should be charged with negligent homicide.

However, the decision doesn’t mean that either officer will be charged. “We are very much relieved and it is a step towards procedural justice and people having access to their government,” Walter Madison, an attorney for Rice’s family, told the Guardian.

Loehmann killed Rice, who was carrying a toy gun, just two seconds after arriving in a Cleveland park on November 22. Three years before the shooting, Loehmann was found unfit for duty by a smaller police force in Ohio.

UPDATE 6:08 pm: Prosecutor Timothy McGinty released a statement after the decision saying that he plans on taking the case before a grand jury. From the Washington Post:

In a statement released on Thursday evening, McGinty said he still plans to bring the case to a grand jury in order to determine whether or not to charge the officers.

“This case, as with all other fatal use of deadly force cases involving law enforcement officers, will go the the Grand Jury,” McGinty said. “Ultimately the grand jury decides whether police officers are charged or not charged.”


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