Attorneys, family members of Tamir Rice asking for special prosecutor

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CLEVELAND, Ohio (FOX8) — Attorneys and family members of Tamir Rice are accusing the Cuyahoga County prosecutor of not being committed to securing an indictment in the case.

In a letter sent to Prosecutor Tim McGinty, attorney Johnathan Abady says the Rice family is "disappointed and has grave concern" over the office's handling of the criminal investigation of the police officers who killed the 12-year-old.

SEE MORE: Ohio prosecutor criticized over reports on child's shooting by police

The attorney questions the prosecutor's choice in experts to review the case, referring to them as pro-police.

"It now appears that the grand jury presentation will be nothing short of a charade aimed at whitewashing this police killing of a 12-year-old child," Abady writes in his letter.

Attorneys and family members are holding a press conference on the matter Friday and are asking for McGinty to step aside and appoint a special prosecutor to the case.

McGinty was unavailable this morning to discuss the matter.

Look back at the aftermath of Tamir's death:

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Tamir Rice, 12yo boy shot by Cleveland police
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Attorneys, family members of Tamir Rice asking for special prosecutor
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, triggering an investigation into his death and a legislator's call for such weapons to be brightly colored or bear special markings. (AP Photo/Courtesy Richardson & Kucharski Co., L.P.A.)
MANHATTAN, NEW YORK CITY, NEW YORK, UNITED STATES - 2015/11/22: Kids with Tamir Rice signs. Stop Mass Incarcerations Network sponsored a children's march demanding accountability on the one year anniversary of Tamir Rice's death at the hands of the Cleveland police. (Photo by Andy Katz/Pacific Press/LightRocket via Getty Images)
MANHATTAN, NEW YORK CITY, NEW YORK, UNITED STATES - 2015/11/22: Stop Mass Incarceration Network co-founder Carl Dix with sign. Stop Mass Incarcerations Network sponsored a children's march demanding accountability on the one year anniversary of Tamir Rice's death at the hands of the Cleveland police. (Photo by Andy Katz/Pacific Press/LightRocket via Getty Images)
FILE - This is a Nov. 28, 2015 file photo of a combination of still images taken from a surveillance video and released Saturday, Nov. 28, 2015, by the Cuyahoga County Prosecutor's Office, that shows Cleveland police officers arriving at Cudell Park on a report of a man with a gun. Twelve-year-old Tamir Rice was fatally shot by Cleveland police, Nov. 22, 2014, after he reportedly pulled a replica gun at the city park. A decision on whether to charge two white officers in the death of Tamir Rice, one of the higher-profile cases of black deaths at the hands of officers that have roiled cities nationwide, could come any day. The grand jury making the decision has been meeting since mid-October. (Cuyahoga County Prosecutor's Office via AP, File)
This still image taken from a surveillance video played at a news conference held by Cleveland Police, Wednesday, Nov. 26, 2014, shows Cleveland police officers arriving at Cudell Park on a report of a man with a gun. Twelve-year-old Tamir Rice was fatally shot by a Cleveland police officer Saturday, Nov. 22, 2014, after he reportedly pulled a replica gun at the city park. (AP Photo/Mark Duncan)
This fake handgun taken from 12-year-old Tamir Rice, who was fatally shot by Cleveland police over the weekend, is displayed after a news conference Wednesday, Nov. 26, 2014. The 12-year-old was shot at a city park after he reportedly pulled the Colt 1911 replica on arriving officers. (AP Photo/Mark Duncan)
CLEVELAND, OH - MAY 23: People march in protest to the Cuddell Recreation Center where Tamir Rice was killed, in reaction to Cleveland police officer Michael Brelo being acquitted of manslaughter charges after he shot two people at the end of a 2012 car chase in which officers fired 137 shots May 23, 2015 in Cleveland, Ohio. After leading police on a 20-mile chase, Timothy Russell and Malissa Williams were shot dead after Officer Brelo jumped onto the hood of the car and unleashing a fatal barrage of gunfire. on May 23, 2015 in Cleveland, Ohio. (Photo by Ricky Rhodes/Getty Images)
CLEVELAND, OH - MAY 23: People march in protest to the Cuddell Recreation Center where Tamir Rice was killed, in reaction to Cleveland police officer Michael Brelo being acquitted of manslaughter charges after he shot two people at the end of a 2012 car chase in which officers fired 137 shots May 23, 2015 in Cleveland, Ohio. After leading police on a 20-mile chase, Timothy Russell and Malissa Williams were shot dead after Officer Brelo jumped onto the hood of the car and unleashing a fatal barrage of gunfire. on May 23, 2015 in Cleveland, Ohio. (Photo by Ricky Rhodes/Getty Images)
CLEVELAND, OH - MAY 23: People march in protest to the Cuddell Recreation Center where Tamir Rice was killed, in reaction to Cleveland police officer Michael Brelo being acquitted of manslaughter charges after he shot two people at the end of a 2012 car chase in which officers fired 137 shots May 23, 2015 in Cleveland, Ohio. After leading police on a 20-mile chase, Timothy Russell and Malissa Williams were shot dead after Officer Brelo jumped onto the hood of the car and unleashing a fatal barrage of gunfire. on May 23, 2015 in Cleveland, Ohio. (Photo by Ricky Rhodes/Getty Images)
Samaria Rice, center, the mother of Tamir Rice, a 12-year-old boy fatally shot by a Cleveland police officer, watches the video of Tamir's shooting during a news-conference Tuesday, March 3, 2015, in Cleveland. Attorney Benjamin Crump, left, and attorneys Walter Madison, right, watch. Rice and her attorneys talked about the city's response to the lawsuit, a day after Cleveland Mayor Frank Jackson apologized for wording in a court document in which the city said the boy died as a result of his own actions. (AP Photo/Tony Dejak)
FILE - In this March 3, 2015 file photo, Samaria Rice, the mother of Tamir Rice, a 12-year-old boy fatally shot by a Cleveland police officer, talks about the family's lawsuit against the city in Cleveland. âI have not yet received an apology from the police department or the city of Cleveland in regards to the killing of my son,â she said. âAnd it hurts.â (AP Photo/Tony Dejak, File)
CLEVELAND, OH - DECEMBER 20: Cory Webb, 24, raises a sign on the corner of E. Roadway as demonstrators protest police violence December 20, 2014, in Cleveland, Ohio. (Photo by Angelo Merendino/Getty Images)
CLEVELAND, OH - DECEMBER 20: An unidentified woman raises a sign to protest police violence December 20, 2014, in Cleveland, Ohio. Protestors from Ferguson travelled to Cleveland to rally against the shooting of 12-year old Tamir Rice. (Photo by Angelo Merendino/Getty Images)
CLEVELAND, OH - DECEMBER 21: Demonstrators march on Euclid Ave. in the Playhouse Square district December 21, 2014, in Cleveland, Ohio. Protestors gathered to voice opposition to the shooting death of 12-year old Tamir Rice by a Cleveland police officer. (Photo by Angelo Merendino/Getty Images)
CLEVELAND, OH - DECEMBER 21: Demonstrators march on E. 9th Street December 21, 2014, in Cleveland, Ohio. For the second straight day protestors gathered in downtown Cleveland to voice opposition to excessive use of police force. (Photo by Angelo Merendino/Getty Images)
WASHINGTON, DC - DECEMBER 13: Rev. Al Sharpton (C) leads the 'Justice For All' march in the nation's capital with the families of Eric Garner, Michael Brown, Tamir Rice, Trayvon Martin, Amadou Diallo and other unarmed black men who were killed by police, December 13, 2014 in Washington, DC. Organized Sharpton's National Action Network, this march and other like it across the country aim to tell Congress and the country that demonstrators will not stand down until there is systemic change, accountability and justice in cases of police misconduct. Sharpton said the demonstration is happening in Washington 'because all over the country we all need to come together and demand this Congress deal with the issues, that we need laws to protect the citizens in these states from these state grand jurors.' (Photo by Chip Somodevilla/Getty Images)
Samaria Rice, center, speaks about the investigation into the death of her son Tamir Rice, at a news conference with attorneys Walter Madison, left, and Benjamin Crump in Cleveland, Tuesday, Jan. 6, 2015. A Cleveland police officer fatally shot 12-year-old Tamir Rice on Nov. 22, 2014, as he played with a toy gun outside a recreation center. (AP Photo/Mark Duncan)
Samaria Rice, of Cleveland, Ohio, touches her hand to her face during an interview at The Associated Press, Monday, Dec. 15, 2014 in New York. A Cleveland police officer fatally shot 12-year-old Tamir Rice on Nov. 22 as he played with a toy gun outside a recreation center. Rice says her son was never given a chance to follow officers' orders, but she believes the family "will have justice." (AP Photo/Mark Lennihan)
Samaria Rice, the mother of Tamir, a 12-year-old boy fatally shot by a Cleveland police officer, speaks during a news conference Monday, Dec. 8, 2014, in Cleveland. Surveillance video released by police shows Tamir Rice being shot within 2 seconds of a patrol car stopping within a few feet of him at a park on Nov. 22. (AP Photo/Tony Dejak)
Attorney Benjamin Crump, left, answers questions during a news conference Monday, Dec. 8, 2014, in Cleveland. Samaria Rice, second from right, the mother of Tamir Rice, a 12-year-old boy fatally shot by a Cleveland police officer, listens. Rice says she wants the police officer convicted for killing her son, who was carrying a pellet gun that police say looked real. Tamir Rice was confronted Nov. 22 when officers responded to a 911 call about someone with a gun near a playground. Surveillance video shows him being shot within 2 seconds of a patrol car stopping nearby. (AP Photo/Tony Dejak)
Samaria Rice, the mother of Tamir Rice, a 12-year-old boy fatally shot by a Cleveland police officer, speaks during a news conference Monday, Dec. 8, 2014, in Cleveland. Rice says she wants the police officer convicted for killing her son, who was carrying a pellet gun that police say looked real. (AP Photo/Tony Dejak)
Samaria Rice, center, the mother of Tamir Rice, a 12-year-old boy fatally shot by a Cleveland police officer, speaks during a news conference Monday, Dec. 8, 2014, in Cleveland. Rice says she wants the police officer convicted for killing her son, who was carrying a pellet gun that police say looked real. (AP Photo/Tony Dejak)
FILE - This file photo from Dec. 8, 2014, shows Samaria Rice, the mother of Tamir Rice, a 12-year-old boy fatally shot by a Cleveland police officer, as she speaks during a news conference in Cleveland. Leonard Warner, right, Tamir's father, listens. A decision on whether to charge two white officers in the death of Tamir Rice, one of the higher-profile cases of black deaths at the hands of officers that have roiled cities nationwide, could come any day. The grand jury making the decision has been meeting since mid-October. (AP Photo/Tony Dejak, File)
CORRECTS THE ID OF THE MALE ON POSTER TO TAMIR RICE - Tomiko Shine holds up a picture of Tamir Rice, the 12 year old boy fatally shot on Nov. 22 by a rookie police officer, during a protest in response to a grand jury's decision in Ferguson, Mo. to not indict police officer Darren Wilson in the shooting death of Michael Brown, an unarmed black man, at the Department of Justice in Washington, Monday, Dec. 1, 2014. Protesters across the U.S. have walked off their jobs or away from classes in support of the Ferguson protesters. Rice's death has also sparked community demonstrations against police shootings. (AP Photo/Jose Luis Magana)
Cleveland police deputy chief Ed Tomba answers questions at a news conference Wednesday, Nov. 26, 2014, after the release of the surveillance video of the weekend police shooting of Tamir Rice. The 12-year-old was fatally shot by a Cleveland police officer Saturday after he reportedly pulled a fake gun at the city park. Listening are Chief Calvin Williams, left, and Mayor Frank Johnson, second from left. (AP Photo/Mark Duncan)
Cleveland Police Deputy Chief Ed Tomba, second from right, shows surveillance video of the weekend police shooting of Tamir Rice during a news conference Wednesday, Nov. 26, 2014, in Cleveland. The 12-year-old was fatally shot by a Cleveland police officer Saturday after he reportedly pulled a fake gun at the city park. (AP Photo/Mark Duncan)
Cleveland Police Deputy Chief Ed Tomba, right, shows surveillance video of the weekend police shooting of Tamir Rice during a news conference Wednesday, Nov. 26, 2014, in Cleveland. The 12-year-old was fatally shot by a Cleveland police officer Saturday after he reportedly pulled a fake gun at the city park. (AP Photo/Mark Duncan)
Demonstrators lay down in Public Square Tuesday, Nov. 25, 2014, in Cleveland, during a protest over the weekend police shooting of Tamir Rice. The 12-year-old was fatally shot by a Cleveland police officer Saturday after he reportedly pulled a replica gun at the city park. (AP Photo/Tony Dejak)
Protesters block cars on the freeway Tuesday, Nov. 25, 2014, during a protest over the weekend police shooting of Tamir Rice in Cleveland. The 12-year-old was fatally shot by a Cleveland police officer Saturday after he reportedly pulled a replica gun at the city park. (AP Photo/Tony Dejak)
Demonstrators block the Memorial Shoreway in Cleveland, Tuesday, Nov. 25, 2014, during a protest over the weekend police shooting of Tamir Rice. The 12-year-old was fatally shot by a Cleveland police officer Saturday after he reportedly pulled a replica gun at the city park. (AP Photo/Mark Duncan)
Demonstrators surround a car on Memorial Shoreway in Cleveland. Tuesday, Nov. 25, 2014, in a protest over the weekend police shooting of Tamir Rice. The 12-year-old was fatally shot by a Cleveland police officer Saturday after he reportedly pulled a replica gun at the city park. The protestors blocked both lanes of the highway for about an hour during the evening rush. (AP Photo/Mark Duncan)
Demonstrators block Public Square Tuesday, Nov. 25, 2014, in Cleveland, during a protest over the weekend police shooting of Tamir Rice. The 12-year-old was fatally shot by a Cleveland police officer Saturday after he reportedly pulled a replica gun at the city park. (AP Photo/Tony Dejak)
Protesters block cars on the freeway Tuesday, Nov. 25, 2014 during a protest over the weekend police shooting of Tamir Rice in Cleveland. The 12-year-old was fatally shot by a Cleveland police officer Saturday after he reportedly pulled a replica gun at the city park. (AP Photo/Tony Dejak)
File - In this Nov. 25, 2014 file photo, police arrest a demonstrator protesting against the shooting of 12-year-old boy Tamir Rice, who was fatally shot by a police officer in Cleveland. The revelation that Cleveland police officials didn't review the checkered history of a police officer who fatally shot a 12-year-old boy highlights what some describe as an unnerving truth about policing -- there's no universal standard for how deeply a department should dig into its recruits' pasts. (AP Photo/Mark Duncan, file)
Police arrest a demonstrator during a protest over the weekend police shooting of Tamir Rice at Public Square in Cleveland Tuesday, Nov. 25, 2014. The 12-year-old was fatally shot by a Cleveland police officer Saturday after he reportedly pulled a replica gun at the city park. (AP Photo/Mark Duncan)
Demonstrators gather to protest the shooting of Tamir Rice at Cudell Park in Cleveland, Monday, Nov. 24, 2014. The 12-year-old was fatally shot by a Cleveland police officer Saturday after he reportedly pulled a replica gun at the city park. (AP Photo/Mark Duncan)
Demonstrators block Public Square in Cleveland Tuesday, Nov. 25, 2014, in a protest over the weekend police shooting of Tamir Rice. The 12-year-old was fatally shot by a Cleveland police officer Saturday after he reportedly pulled a replica gun at the city park. (AP Photo/Mark Duncan)
Angeli Delcerro places a large stuffed toy at the makeshift memorial for Tamir Rice at Cudell Park in Cleveland, Monday, Nov. 24, 2014. The 12-year-old was fatally shot by a Cleveland police officer Saturday after he reportedly pulled a replica gun at the city park. (AP Photo/Mark Duncan)
Demonstrators march to protest the shooting of Tamir Rice at Cudell Park in Cleveland, Monday, Nov. 24, 2014. The 12-year-old was fatally shot by a Cleveland police officer Saturday after he reportedly pulled a fake gun at the city park. (AP Photo/Mark Duncan)
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He has said previously that the expert witness findings, which said the officer's action were reasonable, will be presented to a grand jury and the jury will decide whether any charges should be filed.

McGinty has added he is not reaching any conclusions based on the reports.

Tamir Rice was shot by Cleveland Police Officer Timothy Loehmann on Nov. 22, 2012, in the playground area of the Cudell Recreation Center.

Police went to the area, after a 911 caller reported a male in the area waving a gun. Police say they ordered Tamir three times to put his hands in the air, but instead he reached for his waistband. He was shot.

Tamir had an airsoft pistol that police say looked like a real gun.

His family and attorneys, however, say Tamir was shot in less than 2 seconds after police arrived and question if officers could have ordered him three times to put his hands in the air in that amount of time.

A civil lawsuit has also been filed in federal court.

Abady, whose firm is representing the family of the slain 12-year-old, wrote in a letter made public early Friday that the Rices are disappointed and very concerned about the way the investigation into Cleveland officers Timothy Loehmann and Frank Garmback is unfolding.

The letter also says McGinty has taken too long to investigate a case in which a charge should already have been filed.

The letter also criticizes reports released Saturday and commissioned by McGinty that conclude Loehmann's decision to shoot Tamir was "reasonable."

Abady asks McGinty to step aside and let a special prosecutor handle the case.

The Cuyahoga County Prosecutor's Office issued the following statement Friday afternoon:

"The policy of the County Prosecutor's Office is to make the evidence in fatal use of force cases by police public before a decision on charging is made. Whatever the outcome of a case, the public should not be surprised by — or unaware of the basis for — any decision.

By ending the culture of secrecy that formerly surrounded these cases and taking all deaths at the hands of police to the Grand Jury for review, we expect to improve community confidence and to significantly reduce the number of unnecessary deaths. There will be fewer mistakes and fewer deaths.

The entire case, including all the facts that we and the various investigative teams can find, will be given to the Grand Jury which must act according to the law as laid down by the Supreme Court.

No stone will be left unturned in our search for truth and justice.

Some parties may be displeased with evidence or reports as they are disclosed, but by making them public before conclusion, there is an opportunity to correct errors.

We have confidence in the integrity of the Grand Jury and believe that justice can be achieved."

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