Tamir Rice family requests aggravated murder

Posted at 4:31 PM, Sep 10, 2015
and last updated 2015-09-10 16:31:26-04

The family of Tamir Rice has requested that the officer who shot the 12-year-old boy last November be charged with aggravated murder.

Attorney Subodh Chandra sent Prosecutor Tim McGinty a letter Thursday arguing for the charge against Timothy Loehmann. It read, in part:

Ohio case law is clear: killing a child under the age of thirteen creates the narrowing circumstances for eligibility under aggravated murder ... And it does not matter whether Officer Loehmann knew that Tamir Rice was 12 at the time of the shooting ... We ask that when you seek charges from a grand jury, you include the charge of aggravated murder. 

Read the full letter here. 

On Nov. 22, 2014, Tamir was shot and killed by Loehmann after he and Officer Frank Garmback received a call about a person waving a gun at Cudell Recreation Center.

Investigators later learned it was a toy gun. 

Two Cleveland Police supervisors were disciplined for "failing to adequately supervise an applicant's background investigation."

CPD did not review Timothy Loehmann's personnel file before hire; reveals 'emotional meltdown'
Cuyahoga Sheriff's investigation into Tamir Rice death fails to issue opinion on officers' actions