Attorneys, family members of Tamir Rice asking for special prosecutor

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Tamir Rice's Mom Calls for Special Prosecutor

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
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)
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)
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)
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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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