An Ohio grand jury has decided to not indict the police officer responsible for the 2012 fatal shooting of 12-year-old Tamir Rice, a prosecutor announced Monday.
Cuyahoga County Prosecutor Timothy J. McGinty said that since Rice was holding a pellet gun when he was shot, which police reportedly thought was real, "the evidence did not indicate criminal conduct," according to NPR.
The grand jury had been hearing testimony on the fatal shooting since mid-October.
Police shot Rice on Nov. 22, 2014 as he was playing with a pellet gun in a public park after they received a 911 call from a witness who said there was "a guy with a pistol" which was "probably" fake.
Information that the gun was likely not real and that the person holding it appeared to be a juvenile never reached officers Timothy Loehmann and Frank Garmback, police recordings reveal, according to CNN.
Surveillance of the video shows what came next: the cruiser driven by Garmback rolled up to the gazebo where Rice was standing, and within seconds Loehmann opened the door and shot the boy.
What precisely led up the shooting is unclear, however. The officers said they repeatedly yelled at Rice to put his hands up, but investigators found no evidence supporting that, reported FOX News. However, the video shows Rice walking toward the cruiser as it moved toward him. While it's unclear if he was reaching for the gun or already had his hand on it, witnesses reported Rice pointing the weapon at people throughout the day, so it stands to reason that police made a snap decision and perceived him as a threat.
An FBI agent arrived four minutes later to administer first aid to Rice, who had been left unattended on the ground. He was taken to the hospital for surgery but died the following day.
McGinty called the shooting a tragedy but not a crime.
"We too want justice for Tamir," he said, but it wouldn't be justice to bring charges against the officers if the charges couldn't be sustained.
The attorney for Rice's family chimed in, saying they are "saddened and disappointed by this outcome - but not surprised."
Despite there being no indictments in the case, the case isn't entirely over. A case in civil court could be filed.
