Tamir Rice’s mother moved to homeless shelter, boy still not laid to rest: court docs

This undated photo provided by the family's attorney shows Tamir Rice. Rice, 12, was fatally shot by police in Cleveland after brandishing what turned out to be a replica gun. Courtesy Richardson & Kucharski Co., L.P.A./via AP Photo

As the investigation into the fatal shooting of 12-year-old Tamir Rice by a Cleveland police officer drags on, his mother says she has moved into a homeless shelter to get away from the place he died.

“… Samaria Rice, Tamir Rice’s mother, has since been forced to move to a homeless shelter because she could no longer live next door to the killing field of her son,” a motion in court documents filed Monday.

The black youth was carrying a toy gun in the park near his home on Nov. 22 when, responding to a 911 call, officer Timothy Loehmann shot and killed him within seconds of stepping out of his vehicle.

READ MORE: Cleveland police release video of Tamir Rice being shot by officer

The 911 caller reported seeing someone pulling what looked like a gun out of his pants and waving it around but said “it’s probably fake.” The 911 dispatcher did not indicate to police the gun might not be real.

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WATCH: surveillance video from the fatal police shooting of a 12-year-old Tamir Rice. WARNING: Viewer discretion is advised.

Neither Loehmann nor his partner, Frank Garmback, were charged in the boy’s death, prompting the Rice family to launch a civil suit.

Rice’s death, along with the deaths of Michael Brown, Eric Garland, Walter Scott and Freddie Gray, sparked outrage over the perceived disproportionate use of police force against the black community.

READ MORE: Cleveland mayor apologizes for suggestion that Tamir Rice to blame for own death

The revelation about Rice’s mother moving to a homeless shelter appeared in documents filed Monday, as the family requested a judge not grant a City of Cleveland request to stay the lawsuit while the sheriff’s office continues its investigation.

But the family said it could not go on waiting to move the case forward because of the toll it’s taking.

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“Tamir Rice not being finally laid to rest prevents emotional healing and incurs a daily expense,” the motion stated.

The motion argued further delay “inherently increases the risk that witnesses’ memories will fade and evidence will become stale.” Douglas Winston, who is serving as the family’s administrator and plaintiff in the case, also argued potential witnesses to the shooting and the tackling of his sister Tajai Rice, who rushed to help her younger brother, could potentially move away or become “unavailable.”

“Less than a second, my son is gone,” Samaria Rice said Monday, demanding to know how long the investigation would take.

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