CLEVELAND-- The mother of Tamir Rice is expected to testify in front of a grand jury later this month.
The attorney representing Samaria Rice told the Fox 8 I-Team that his client plans to appear before the grand jury that is hearing evidence on her son’s case. The 12-year-old was shot by police last year,
“We have been told about a date to give testimony,” said Atty. Subodh Chandra. “She will testify; she will cooperate even though she is concerned this prosecutor has derailed this process.”
The family has been critical of Cuyahoga County Prosecutor Timothy McGinty’s handling of the case, and has asked him to step aside and appoint a special prosecutor.
McGinty has given no indication he will step aside. He has stressed it is up to the grand jury to determine if any charges should be filed.
Tamir Rice died after being shot by a Cleveland police officer last November. Police thought the gun Tamir had was real, but it was an airsoft pistol that police said looked like a real gun.
The grand jury has been meeting for several weeks. It is not known when they will decide if any indictments should be issued.
And Tamir Rice’s family attorney also disagrees with Prosecutor McGinty that Samaria Rice has a good relationship with the prosecutor’s office.
He noted that Prosecutor McGinty did not show up for a September meeting. The family and attorneys met with assistant prosecutors instead, Chandra said.
“He has not responded to four letters, first pointed out that an aggravated murder charge appropriate because the victim is under 13 years old so there doesn’t have to be premeditation, and the other three express detailed concerns about the conduct of this matter, and we have asked for a response and he doesn’t respond,” Chandra said. “ Instead he trots out to the media and makes these comments, which include, a public insult to Samaria Rice and her counsel and it just doesn’t help. Imagine the torture this family is going through.”
McGinty stresses that it will be up to a grand jury, and not him, if any indictment should be issued.