Tamir Rice: Mother has moved into homeless shelter because she cannot bear to live next to 12-year-old's 'killing field'

The City of Cleveland has asked the family of Tamir Rice, the 12-year-old who was fatally shot while holding a toy gun last November, to hold off its civil suit until the criminal investigation into the incident is complete.

The motion requests the protection of Timothy Loehmann and his partner Frank Garmback — the two officers allegedly involved in the shooting — from making self-incriminating statements before knowing if they will ultimately be charged with any crime.

The city has previously attempted get the lawsuit dismissed, claiming that the youngster’s death was “caused by his own actions.”

However, the boy’s family has declined the city’s request, stating that a delay would risk losing crucial evidence, according to a report in the Plain Dealer.

In addition, the family has stated that the drawn-out investigation has left the boy’s body unburied and “shattered the life of the Rice family”, as Samaria, his mother, is now homeless “because she could no longer live next door to the killing field of her son”.

The family’s suit alleges that the city of Cleveland, Loehmann, Garmback and hundreds of unknown emergency operators and city employees violated the family's rights. The boy was shot less than two seconds after the officers arrived to the scene.

“It is so sad that the face of police brutality in America is going to be the 12-year-old face of Tamir Rice,” said Benjamin Crump, who’s working with the family.

The Cuyahoga County Sheriff's Department is currently investigating whether the officers committed criminal actions, and after the investigation, the Cuyahoga County Prosecutor's Office is expected to present the case to a grand jury to determine whether charges are warranted.

“Here, it is undisputed the Cuyahoga County Sheriff's Office is investigating Officer Garmback and Officer Loehmann about the same incident that is the subject of this civil action,” the motion reads.

“If civil discovery were to proceed simultaneously at the same time, therefore, it would unduly interfere with the integrity of the criminal proceedings.

Fred Loehmann, the officer’s father, recalls his son saying: “‘I was right there and he went for the gun. I had no choice.’”

Reanna Karousis, a spokeswoman for the Cuyahoga County Prosecutor’s Office, told the Northeast Ohio Media Group that the investigation does not have an official timetable.