I agree with the City of Cleveland.
From the NY Daily News: The city of Cleveland’s response to a lawsuit filed by the family of Tamir Rice says the 12-year-old boy is to blame for his own death by police.
The young boy seen milling about his neighborhood park had less than two seconds to react to two Cleveland police officers who drove right up to the gazebo and shot Tamir, mistaking his pellet gun as a real and dangerous weapon.
Rookie police officer Timothy Loehmann shot Tamir dead just steps away from the park’s gazebo on Nov. 22, reportedly never knowing dispatchers had believed the firearm to be “probably fake.”
Tamir’s parents and sister are also plaintiffs in the complaint that Akron attorney Walter Madison said still has “merit” against Loehmann, the city and dozens of 911 dispatchers. http://www.nydailynews.com/news/national/city-cleveland-tamir-rice-death-fault-article-1.2132922
So, this kid had a realistic looking gun and presumably, the parent(s) knew it. The cops didn't know if the gun was real or fake and cop just doesn't go up to a kid or adult and ask them if the gun is real or a toy.
The only question I have is why the cops came at the kid from the side and not in front of the kid.
But the bottom line is that if you are going to play with a play gun, make sure that the orange part of the gun that signify that it is a toy is shown.
Otherwise, it looks like a real and then you are responsible for whatever happens to you.
Sucks that the young boy died but the family are the ones who are mostly responsible for the boy's death.
Here is the video of the shooting:
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