Home | News | Regional | 'The cops know what they're doing, he doesn't': Father's grief after 12-year-old son is shot dead by Cleveland police for 'waving around' BB gun in playground

'The cops know what they're doing, he doesn't': Father's grief after 12-year-old son is shot dead by Cleveland police for 'waving around' BB gun in playground

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  • Gregory Henderson spoke out hours after his son, Tamir Rice, 12, died
  • Said youngster 'didn't know what he was doing', but police officers did
  • Tamir spotted 'waving around' BB gun in Ohio playground last Saturday
  • Concerned man dialed 911, but told dispatcher it was 'probably fake gun'
  • When Tamir pulled fake pistol from waistband, police fired at him twice
  • Boy was taken to MetroHealth Medical Center, but died Sunday morning
  • Officers involved placed on administrative leave; investigation underway
  • Family attorney, Tim Kucharski, says 'innocent boy was shot and killed'

By Sophie Jane Evans for MailOnline

Published: 22:03 EST, 23 November 2014 | Updated: 22:22 EST, 23 November 2014

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The devastated father of a 12-year-old boy who was shot dead by Cleveland police when he allegedly pulled out a BB gun from his waistband has condemned the officers for their actions.

Gregory Henderson, whose son, Tamir Rice, passed away in hospital on Sunday, said the youngster had his whole life ahead of him when he was gunned down outside Cudell Recreation Center.

Wiping away tears, he said: 'Who would've thought he would go so soon? He had his whole life ahead. To be 12 years old, he doesn't know what he's doing. Police, they know what they're doing.'

He added that he was still shocked at the death of his 'superhero', whom he described as a keen basketball player who was tall for his size, polite and 'very artistic'.

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Tragic: Tamir Rice (pictured in a Facebook photo), 12, was shot dead by police when he allegedly reached into his waistband and pulled out a BB gun outside a recreation center in Cleveland, Ohio, on Saturday afternoon

Tragic: Tamir Rice (pictured in a Facebook photo), 12, was shot dead by police when he allegedly reached into his waistband and pulled out a BB gun outside a recreation center in Cleveland, Ohio, on Saturday afternoon

Shooting: On Sunday, Tamir's father, Gregory Henderson,said the youngster had his whole life ahead of him when he was gunned down outside Cudell Recreation Center. Above, the BB gun that Tamir was carrying

Shooting: On Sunday, Tamir's father, Gregory Henderson,said the youngster had his whole life ahead of him when he was gunned down outside Cudell Recreation Center. Above, the BB gun that Tamir was carrying

Scene: Wiping away tears, he said: 'He had his whole life ahead. To be 12 years old, he doesn't know what he's doing. Police, they know what they're doing.' Above, investigators are pictured at the scene of the shooting

Scene: Wiping away tears, he said: 'He had his whole life ahead. To be 12 years old, he doesn't know what he's doing. Police, they know what they're doing.' Above, investigators are pictured at the scene of the shooting

'I'm trying not to cry about the situation but the situation hurts,' he told WKYC.com, adding that he wished police had Tasered his son instead of immediately shooting him.

Tamir, who was formally identified by officials on Sunday afternoon, was spotted 'waving around' the airsoft gun at a playground next to the Ohio recreation center at 3.30pm last Saturday.

A concerned man, who was sitting nearby, called 911 and told the dispatcher: 'I’m sitting in the park…there’s a guy here with a pistol, and it’s probably a fake one, but he’s pointing it at everybody.

'The guy keeps pulling it in and out…it’s probably fake, but he’s scaring the s*** out of people.'

Minutes later, two Cleveland Police officers - a rookie and a 10-15 year veteran - arrived at the scene, where they apparently saw Tamir pick up the gun from a table and put it in his waistband.

The rookie then asked the boy to put his hands up, at which point the youngster reached into his waistband and pulled out the pistol, Police Patrolmen's Association President Jeffrey Follmer said.

Too young: Mr Henderson added that he was distraught over the death of his 'superhero', Tamir (pictured), whom he described as a keen basketball player who was tall for his size, polite and 'very artistic'

Too young: Mr Henderson added that he was distraught over the death of his 'superhero', Tamir (pictured), whom he described as a keen basketball player who was tall for his size, polite and 'very artistic'

Distraught: 'I'm trying not to cry about the situation but the situation hurts,' he told WKYC.com. Above, Mr Henderson - who did not wish for his face to be revealed - speaks to reporters following his son's death

Distraught: 'I'm trying not to cry about the situation but the situation hurts,' he told WKYC.com. Above, Mr Henderson - who did not wish for his face to be revealed - speaks to reporters following his son's death

Despite the 911 caller's prior warning that the gun was likely fake, the officer then fired two shots at Tamir, at least one of which hit him in the stomach, according to Cleveland.com.

Following the shooting, the boy was taken to MetroHealth Medical Center in serious condition, but his condition deteriorated throughout the night and he died on Sunday morning.

Police later told Fox 8 the weapon Tamir was carrying was 'an airsoft type replica gun resembling a semi-automatic pistol.' They added that the gun's orange safety indicator had been removed.

He had his whole life ahead. To be 12 years old, he doesn't know what he's doing. Police, they know what they're doing
Gregory Henderson, Tamir's father

Union officials claimed the officers - one of whom was later taken to hospital with an ankle injury - acted responsibly amid concerns the boy was in possession of a real gun.

However, Deputy Chief of Field Operations Ed Tomba described the incident as 'very, very tragic', saying that the child did not threaten the officer verbally or physically.

'When an officer gives a command, we expect it to be followed,' Mr Tomba said. 'The way it looks like right now, it wasn't followed, but we're going to continue our investigation.'

On Sunday, Tamir's family and friends - some of whom had been holding a vigil at the hospital for the youngster - were spotted bringing posters, candles and teddy bears to the area.

'I went to church today and I said a prayer for him and, as soon as I come home, he's dead,' said Kerby Williams, who lives near the scene of the shooting.

Members of the Cuyahoga County Prosecutor’s Office were also spotted outside the recreation center. Investigators will determine if the officer was justified in shooting the boy.

Distraught: One of Tamir's relatives is pictured weeping on the ground after hearing of Saturday's shooting

Distraught: One of Tamir's relatives is pictured weeping on the ground after hearing of Saturday's shooting

Scene: A concerned bystander called 911 and told the dispatcher: 'I’m sitting in the park…there’s a guy in here with a pistol, and it’s probably a fake one, but he’s pointing it at everybody.' Above, Cuddell Recreation Center

Scene: A concerned bystander called 911 and told the dispatcher: 'I’m sitting in the park…there’s a guy in here with a pistol, and it’s probably a fake one, but he’s pointing it at everybody.' Above, Cuddell Recreation Center

Tamir was named by the Cuyahoga County Medical Examiner's Office on Sunday afternoon as the boy's family hired attorney Tim Kucharski to represent them in the upcoming investigation.

Mr Kucharski, of Richardson & Kurcharski, told WKYC an 'innocent boy was shot and killed', saying: 'Apparently, listening to the 911 call...the caller... recognized that this was a toy gun.

'I'm not sure how police weren't able to make that same decision. We're going to conduct our own parallel investigation'

He added: I understand what police are putting out there, I cannot confirm or deny those facts. The family is absolutely is devastated. He was a wonderful young man.'

On Sunday, Donnie Pastard, an activist with the anti-crime group Black on Black, said: 'I do not think these police officers left home to kill a black child. But I do think there's training involved there.'

Response: Two Cleveland Police officers arrived at the scene following the 911 call. After the boy refused to put his hands up and reached for the gun (pictured from another perspective), one officer fired at him twice

Response: Two Cleveland Police officers arrived at the scene following the 911 call. After the boy refused to put his hands up and reached for the gun (pictured from another perspective), one officer fired at him twice

'There's the race factor involved. This is something we gonna have to talk about, whether we like it or not,' Mr Pastard told Action News 19.

But a 14-year-old who was outside the recreation center when the shooting occurred said he understood why police shot Tamir, saying: 'It could have been prevented by him going home.'

Mr Kucharski added: 'This is not a black and white issue. This is a right and wrong issue. This is not a racial issue. This is about people doing their jobs the right way.'

This is not a black and white issue. This is a right and wrong issue. This is not a racial issue. This is about people doing their jobs the right way
Tim Kucharski, family attorney

According to Tamir's mother, Samaria Rice, the family lives across the street from the center.

She told the news station the first she heard of the shooting was when two men came to her home to say her son had been shot. She added that Tamir did not have access to a gun at the property.

Both officers involved have been placed on administrative leave in accordance with protocol in officer-involved shooting incidents.

Ohio lawmakers have reportedly acted following Tamir's shooting, with Rep Alicia Reece, of Cincinnati, announcing new legislation on BB and airsoft guns.

Under the new rules, all such weapons sold in Ohio would have to be brightly colored or feature prominent florescent strips so they could not be confused with real firearms.

Current federal law states all toy and replica guns must have an orange tip on the barrel.

An investigation is ongoing.

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