One officer yesterday fired twice after the boy pulled the fake weapon which was lacking the orange safety indicator usually found on the muzzle from his waistband but had not pointed it at police, Deputy Chief Ed Tomba said.
The boy did not make any verbal threats but grabbed the replica handgun after being told to raise his hands, Tomba said.
The Cuyahoga County Medical Examiner identified the boy as Tamir Rice. An attorney for his family, Timothy Kucharski, said the boy went to the park with friends yesterday afternoon, but he did not know the details of what led to the shooting.
"I don't want to make a rush to judgement," he said.
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The police department is investigating the shooting and both officers involved have been placed on administrative leave, which is standard procedure. The county prosecutor's office also is investigating.
Kucharski said he wants to talk to witnesses himself and get more facts.
Police said the weapon was an "airsoft" type replica gun that resembled a semi-automatic handgun. The orange safety indicator had been removed, police said.
A man who called police told emergency dispatchers before police arrived that the boy was on a swing set and pointing a pistol that was "probably fake" and scaring everyone.
The caller said the boy was pulling the gun in and out of his pants. "I don't know if it's real or not," the caller said.
Jeff Follmer, president of the Cleveland Police Patrolmen's Association, said the officers were not told the caller thought the gun might be fake.