loman says rice had a gun and appeared to be over 18. in fact, rice had a pellet gun.artner in his statement says he also believed the people et gun was real and the person waving it an adult. a grand jury is investigating. robert dear's ex-wife says the alleged shooter targeted the organization before. she says dear put glue in the locks of another clinic 20 years ago. her divorce filing describes him as violent and isolated. he is charged with killing three, wounding nine others in an hour's long siege in colorado springs last week. the fbi says black friday was the biggest day ever for firearms background checks. the agency processed about 185,000 checks, 5% more than the same day last year a. background check does not necessarily mean a gun was purchased, but it is used by the gun industry industry as a rough measure of overall sales. >> that's interesting. >> it is. >>> a soak day for the east coast. >> good morning. yes,ing isgy set up for the eastern third of the country as you work towards this corner of the country. frontal boundary in place across the norther

two months ago the grand jury was convened to see if officer loman or if his partner was rice's death. the officers always maintained they believed the 12-year-old was armed. turned out to be a bb gun. >> i have here tamir's gun and >> according to authorities the grand jury determined that to the officers the toy gun looked real, and prosecutors it was, quote, indisputable that rice was removing his gun from his waist when he was shot. >> either intended to hand it over to the officers or show them it wasn't a real gun, but there was no way for the officers to know that. >> the outcome will not cheer anyone. phil: the rice family said they are saddened, but not surprised by the outcome. the mayor and police chief have announced an administrative review of both officers to see if they violated any departmental policies. jc: tragedy in ohio. a firefighter is killed after falling through the floor of a home into the basement. he responded to the home thinking someone was trapped inside. he quickly put out a may day call as colleagues rushed to save him. he later died at the hospital and

thank you for joining us, attorney tim loman. you're mr. loman's attorney and he hasn't spoken publicly since that day. what does he want people to know? >> i think he wants people to know exactly what the grand jury, our sidss of cuyahoga county determined was that he was not criminally responsibility for the events that took place that day. >> were you ever worried that he would be indicted? >> anytime a case is presented to a grand jury, because i don't know what goes on in the grand jury, you always have some concerns, but i also have faith in the judicial system as to what takes place at a grand jury and those responsible to carry justice out. i don't think we should be motivated by individuals that constantly are talking on the outside, which is their right to do, but then relying on that to be the reason and be all end all as to someone should be charged or not. >> we are seeing pockets of protests around the country tonight. does that level of distrust between the public and police concern you at all? are you worried about your clie

in both statements, it appeared that the 12-year-old was pulling out a handgun at the time that loman fired his shots. >> reporter: you to look at one of the statements, this is from officer loman, and it reads in part, i observed the suspect pulling the gun out of his waistband with the gun coming up, and we were yelling, show me your hands. with his hands coming up and his elbow, i knew it was a gun coming out and i saw the weapon and his hands coming out of his waistband and the threat to my partner and myself was real and active. i fired two shots. and officer garn back >> both officers would eventually go to to learn that the gun they thought was real was a pellet gun, and the grand jury reviews the case. >> hey, bisi, has the rice family responded to the officer's statements? statements. >> we have yet to hear from the family, but we have heard from the team of lawyers, who say that the officer's statements in no way show that the conduct to tamir rice was unreasonable or unjustified. giving sworn statements to the grand jury, rather appearing live so they can be questioned by t

loman says rice had a gun, in fact, rice had a pellet gun.s he also believed the pellet gun was real. the person waving it was an adult. the grand jury is investigating. robert dear's ex-wife says the alleged planned parenthood shooter targeted the clinic before. he put glues in the locks of a clinic 20 years ago. he described him in her divorce settlement as violent and isolated. >> here's something interesting. the fbi says black friday the same day as the planned parenthood attack was the biggest day ever for firearms background checks. the agency processed 5% more than the same day last year. a background check does not necessarily mean a gun was purchased. but it is used be i the gun industry as a rough measure of overall sales. >> all right, a soaking day set for the east coast. folks, let's go to meteorologist p pedram javaheri. >> a wintery mix. we are getting residual snow showers. nothing significant for the snow. but look at the source of moisture stretching all the way back out towards the pacific. that's a 5,000 mile area we are

. >> larry: a grand jury is timothy loman shot tamir rice. a video of the shooting captured by surveillance camera provoked outrage. it also made rice a central figure in a protest movement over the police killings. >> tammy: honoring a deputy on their facebook page who died three years ago. shane thomas died from complications stemming from a training accident. he had undergone extensive treatment and therapy. >>> a north carolina woman has been charged with child abuse after her infant son was found dead on christmas eve. the lincoln county sheriff's office says the infant's father called 911. he says he came home to find his six month old son unresponsive, nude and alone on the living room sofa. >> larry: lawmakers voted to end the one child policy and couples are now allowed to have two children. now the reason is china's aging population. the government says in just 15 years, china will be home to more than 1500 million people over the age of 60. there are concerns there weren't be enough young people to support them. >>> presidential ca

ben loman, santa cruise mountains. and probably four by now. and three and a third.both russian river. mill valley, one report. two and a quarter. how about that for gilroy. two inches there. dublin fire station. 1.84. and i had to sneak that in. and debose triangle just shy of two inches of rain in san francisco. most of the reporting stations here now. now, this is above knorr ban -- morgan hill up in the hills m. 1.81. mountainview. redwood city over an inch of rain. sfo is close to that. freemont a half. livermore three quarters. concord, .41. there was more on that not far away. fairfield, 67 # hundredths. oakland almost an inch. san francisco officially 1.15. santa co -- santa rosa and napa all just over an inch of rain. some of the areas pick upped more than that. snow levels very high. winter storm warning hangout until 10:00. but looks of rain. and really decreasing to the north. there is some reports still a light drizzle or mist up in the russian river. still some in the east bay, but to the south you go. you can find the darker returns are heading south.

a grand jury denied to indict timothy loman and his fellow officer. it happened in 2014. the 12-year-old was holding a pellet gun which the officers say they thought was real. we will have much more on the response from tamir's family and the community at 5:30. under way to make sure everyone stays safe as we ring in the new year. just today boston police are investigating a noncredible threat. newscenter 5's todd todd is live in cop -- todd was was is -- todd is getting started. >> you can see the fencing getting set up with the stage and the ice sculptures. every year in boston first night celebrations bring with them tight security and the same is very true this year. it will be no different than a year that saw deadly terror attacks in paris and san bernadino and mass shootings in other parts of the country. this afternoon governor baker emphasized the security planning here began months ago, and it is continuing to be modified given the current state of affairs. >> we have been talking about first night for awhile now. those con veer -- conversations will continue in

he was shot and killed by patrolman timothy loman just seconds after arriving on the scene. ooting a perfect storm of man error, but said no crime was committe m >> the death of tamir rice was an absolute tragedy. it was horrible, unfortunate and redwret regretel. not by the law that binds us a crheime. >> the grand jury had been hearing evidence and testimony since mid-oc ber. >>> also new at 5:00, an 18-month-old boy shot in n jersey finally out of the ho ispital. this is new video we're just getting in. it shows the boy leaving to go home. new 4z michael george outside the hospital in jersey city where the family just spoke. michael, what did they say? >> well, david, it was nothing ort of oamazing to see this 1-year-old come out of the hospital two days after he was shot in the face. tonight his parents are calling his recovery a miracle. 1-year-old mina is crying but he's okay. shot in the face just two days ago, today mina's parents took >> miracle. >> reporter: mina and his family were on a trip to the post office in jersey city saturday afternoon and someone fir a gun five or

based on these rules it became clear through this investigation that the actions of officers loman andarback were not criminal and the reasons for this assistant county prosecutor matthew mier and james gudiaez outlined in an online report. in a few moments i'll ask assistant prosecutor mier to provide the detailed factual legal analysis of this case, the improved evidence that we have discussed already but now let's deal with it. the death of tamir rice was an absolute tragedy. it was horrible, unfortunate and regrettable but it was not by the law that binds us a crime. through this process, we, too, have heard the chants and we, too, want justice. but justice would not be achieved by bringing charges to violate the ethic cannons of our profession. this decision does not mean the legal system is finished with this case. in our country, we have parallel systems of justice and the civil justice system may yet provide the rice family with some of the accountability they deserve. let the grand jury live with this case for more than two months, heard all the witnesses and was there to eval

and officer loman fired the two shots, one of which entered tamir rice's body killing him the next day. >> and his family at this point, jean, is pushing back against the prosecutor. they say that he made an indictment impossible. how controversial is this decision? >> it's a very, very harsh statement from the family. we want to show everybody. it says tamir's family is saddened and disappointed by this outcome but not surprised. it has been clear for months now that cuyahoga county prosecutor timothy mcginty was abusing and manipulating the grand jury process to orchestrate a vote against indictment. and we have reached out to the prosecutor for a response to this. and so far he has not returned our calls. >> all right, jean casarez on this, thanks so much. i do want to get now some insights from one of our cnn legal analysts. sunny hostin is a former federal prosecutor. she's joining me now. sunny, you know this family well. you've interviewed tamir reeice family many times. you've heard that statement they're surprised by this outcome. you're a former prosecutor so give us your per

force, the grand jury declined to bring criminal charges against cleveland police officers timothy loman and frank garmback. >> rice was fatally shot with a pellet gun in 2014. i want to bring in msnbc legal analyst chief legal analyst ari melber. before we get to the annual sits, start with that news conference. i watched as much as of it as i could before the broadcast and it was or seemed to me at least, it seemed to be a bit bizarre. >> very bizarre. >> to hear the prosecutor potentially i guess the prosecutor in this case talking about gun manufacturers, talking about tamir rice being big for his age. >> yeah, we were watching this here in the newsroom and i have more details of going off it and i continued to monitor it for the viewers and you hit the nail on the head here. wherever people come down on this, i can tell you legally this was an unusual press conference. outlining an unusual process. typically, a prosecutor goes to the grand jury, with charges, the old saying you can indict a ham sandwich and usually easy and present the case and the grand jury says yes or no. the ide

officer timothy loman shot him in less than a second after opening his door. grand jury deciding whether to bring charges against the officer will review the new report. >>> well, take a look at this major flooding across the pond. water flowing past doorways and in one place it's nearly as high as a bridge there. this is happening in parts of northwest england, scotland, and wales. roads are closed as you can imagine there. the wind is still blowing and the rain is still falling in that area right now. not a great scene. >>> colombia's president announced the discovery of what may be the world's largest treasure. it was a spanish ship sunk more than 300 years ago with a large cargo of gold and precious stones. the lost ship and its cargo has been the subject of a decade's long legal fight between colombia's government and seattle-based salvage firm. it's believed to have been carrying 11 million gold coins and jewels. no word if one eyed willie from the goonnys was on board. >> i love a good treasure story, but also this is going to shed light on the spanish

now, according to a statement you released by process due or thes, officer loman says the young boy refusedobey commands and pulled what appeared to be a weapon out of his waistband. it turned out to be an air soft pellet gun. rice was shot two times. he died the next day. a grand jury will decide if officer low man or his field training officer should face criminal charges. >>> well, the coalition of community groups now speaking out today against the proposal of a new jail in san francisco. a board of supervisors committee is meeting to discuss spending more than $200 million to fund a new jail. show the coalition wants the money to go to social programs and preventative measures. san francisco's district attorney also wants the city to slow down on building a in you jail. you he prefers building new mental health facilities instead. >>> let's check in with gasia to see what is in the next hour of mornings on 2. >> i want to join yu in the next hour. we have been talking about the upcoming superbowl 50 at levi stadium and the big superbowl city presentation planned for san francisco. what

. >> loman shot rice when he pulled up to the scene. this video shows rice pulling a pellet gun out of his waistband before he was shot. mcginty blamed the police dispatcher for not telling the officers the gun may have been fake and the suspect may have been under age. rice's family says the entire process was rigged from the start. their attorney says the prosecutor would have never hired expert witnesses to defend the officer's actions if they weren't police. >> if there had been a truly independent prosecutor who doesn't have a record of being the best friend of the police, then at least the rice family would have been able to say the process has integrity but this prosecutor under the guise of transparency kept selectively leaking information that seemed designed to exonerate the officers. >> the u.s. justice department is reviewing the case for potential civil rights violations. >>> trial in san francisco chinatown figure raymond "shrimp boy" chow set to resume today. the final witnesses were scheduled to start yesterday but that

e ben loman, santa cruise mountains over five. here -- helena.an francisco, and just shy of two inches of rain. oakland, almost an inch. although in the oakland hills, there were two inches of rain. and san jose finally joined the party. .60. you can go not far away and find more than that. not so cold. i agree with that. fifty-four. winless. you're one of the few, michael. twenty-four hours of light rain and drizzle totaling just over an inch of rain. winter has arrived and today is the first if all day of winter. 1.75 inches of lain. a warm sector has moved into the sierra. they have a winter storm warning until 10:00. the snow level has really gone up because it is so warm. rain the last couple of reports there at tahoe. it looks like everything is decreasing. can be deceiving a little bit. i know there are still some areas showing up with some rain, but it's much lighter than it was. a little heavier south. that is where the deeper moisture continues to be as it flows peninsula, and santa cruz mountains. beginning to go more lighter green as

ben loman. santa cruz, san francisco an inch and a half. pacifica over an inch of rain. and rodeo a half inch of rain. and livermore. .01. and heavier moisture is on 40s and 50s on the temperatures. you throw in a southeast breeze. fifteen to 25 miles per hour. and baby, that is a cold rainy day. that is what we have on tap here. cloudy and damp. heavier rain comes in later. the steady rain already for some. temperatures mainly 50s to maybe a few very low 60s. 601. a couple of little hick-ups i think you said. >> a few little hick ups. i would say that's appletty good way to put it. we have had quite a bit of roadway flooding because of the rain. a lot of trouble spots. a lot of folks slipping and sliding. spin-outs this morning. no major back-ups except what i am about to tell you about. that is an issue that that i have been dealing with on the bay bridge headed westbound into san francisco. we'll take you right to the maps and show you what we are talking about. the good news here is that it appears as though they have just been able to clear what was a stalled car. w

in a statement, timothy loman, the officer, says rice was pulling a gun out of his waistband and posed active. the officer also says he yelled "show me your hands!" numerous times, but he says rice ignored the commands. rice, it turned out, was holding a pellet gun when he was shot by police last year. the boy's family is calling for a special prosecutor to take over the case. >>> still to come in the "newsroom," they're young, harder to profile and much harder to catch. what a new study is saying about isis recruits in the united states. next. the best of everything is even better during red lobster's ultimate seafood celebration. with jazzed up new dishes like the decadent grand seafood feast and the ultimate wood-grilled feast why wait to celebrate? so hurry in, it ends soon. every insurance policy has a number. but not every insurance company understands the life behind it. for those who've served and the families who've supported them, we offer our best service in return. ♪ usaa. we know what it means to serve. get an insurance quote and see why 92% of our members plan to stay for

a grand jury will decide if loman should face criminal charges. >>> chicago's top cop is out.. a federal investigation. get rid of the mayor. what's going on? we'll talk to a chicago congressman about what he thinks could and should happen in the aftermath of the laquan mcdonald shooting. ensure active high protein. i help you recharge with nutritious energy and strength. i'll take that. yeeeeeah! new ensure active high protein. 16 grams of protein and 23 vitamins and minerals. ensure. take life in. but i've managed.e crohn's disease is tough, except that managing my symptoms was all i was doing. and when i finally told my doctor, he said humira is for adults like me who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. and that in clinical studies, the majority of patients on humira saw significant symptom relief. and many achieved remission. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and