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CLEVELAND – Three Cuyahoga County council members sent a letter to the prosecutor Friday asking him to seek an indictment in the Tamir Rice case.

Yvonne Conwell, Dale Miller, and Anthony Hairston wrote in the letter that if Prosecutor Tim McGinty won’t seek an indictment they would like him to assign a special prosecutor.

McGinty released the following statement in regards to the letter:

“There is obviously some confusion as to the protocol on use of deadly force cases.  Let us clarify:

“The Prosecutor’s Office will make a recommendation in all cases to the Grand Jury, but it would be wrong to reach any conclusion before an investigation has been completed.  The investigation in this case is ongoing.

“We have a duty to pursue an indictment when the law and the Constitution demand.  We will do so.  To ask us to announce a recommendation before the investigation is finished would be  unjust.  Ultimately, no matter which course of action the prosecutor recommends, the citizens on the Grand Jury have the last word in all use of deadly force cases in Cuyahoga County.  I have full faith in the wisdom of the people of this county who will actually hear the witnesses, evaluate the evidence, and apply the law to this case.”

This case has drawn national attention since last November when Cleveland police shot 12-year-old Tamir Rice.

Police got a call about a man with a gun outside the Cudell Rec Center.

Officers pulled up, and one shot the boy in less than two seconds. Police say Rice reached for the gun in his waistband, and the gun he had was an airsoft pellet gun that appeared to be a powerful handgun.

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