Activist group goes to higher court for charges in death of Tamir Rice

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CLEVELAND- The activist group calling itself the Cleveland 8 is taking another step toward trying to force charges against the Cleveland police officers who shot and killed 12-year-old Tamir Rice.

Mike Nelson, an attorney with the NAACP, told FOX 8 the group filed papers with the Cuyahoga County Court of Appeals on Friday.

First, the group went directly to a Cleveland Municipal Court judge and asked for charges. The judge found probable cause for charges, but asked for the prosecutor to take action.

The group also produced a video calling for reforms in the criminal justice system.

Now, the Cleveland 8 is going to a higher court. Nelson said one appeal request from the group was already dismissed. But this new filing is intended to get the Cuyahoga County Court of Appeals to force the lower court to issue arrest warrants.

Nelson said he believes the long investigation with no charges establishes different rules for police officers.

"Any regular citizen would have been charged by now," Nelson said.

Rice was shot and killed by Cleveland police in November outside the Cudell Recreation Center. Police received a call for a male with a gun. They encountered Rice and shot him in less than two seconds, saying he ignored commands and reached into his waistband.

Police said the gun was an airsoft gun that looked like a high-powered pistol.

The Cuyahoga County Prosecutor's Office previously said they will ultimately take the case to a grand jury to decide on any charges.

More stories on Tamir Rice here

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