Cleveland police charged 12-year-old Tamir Rice with “aggravated menacing” and “inducing panic,” according to documents published by the Daily Kos on Wednesday.
The incident report is dated Nov. 29, 2014, a week after Rice was fatally shot by 26-year-old Officer Timothy Loehmann within two seconds of encountering him at a local park. Neither Loehmann nor 46-year-old Officer Frank Garmback, who also responded to the call, administered medical treatment immediately following the shooting.
The document lists a “facsimile firearm” as part of the case narrative. Loehmann killed Rice believing him to be carrying an actual weapon. However, emergency dispatchers were originally told that the Airsoft rifle the boy had with him at the time was “probably fake.” Footage from the scene also shows the officers handcuffing Rice’s sister.
Rice died on Nov. 23, 2014, the day after he was shot. His death was ruled a homicide. The Guardian reported a month after the shooting that Loehmann was found to be unfit for duty while working as an officer in Independence, Ohio, prior to joining the department in Cleveland. However, his supervisors in Cleveland never looked at his file before hiring him.
The Cleveland Plain-Dealer reported that a June 1 hearing will determined whether Rice’s family must postpone a civil suit it has filed against the city, as well as Garmback and Loehmann while the criminal investigation against the two officers continues. Neither officer has been charged in connection with the shooting as of Wednesday night.
Rice’s family had his body cremated earlier this week. His mother, Samaria Rice, said in a court motion earlier this month that she is now living in a homeless shelter because she wants to avoid the “killing field” where he died.
The incident report, as posted online by the Daily Kos, can be seen below.