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Tamir Rice, the 12-year-old Cleveland boy who was shot and killed by a first-year cop for holding a BB gun, was at fault argued city officials in a court document. The Rice family is challenging the city in a wrongful death lawsuit, holding steadfast to the idea the officer could have handled the matter in another way.

As reported by CBS News, last Friday (Feb. 27) the City of Cleveland filed the document in where it said that Rice essentially caused the officer to act because of the actions he took during the interaction. The city said in its filing that the family’s “injuries, losses and damages … were directly and proximately caused by the acts of the Plaintiff’s decedent (Rice), not this Defendant.”

The city also named the Rice family as being responsible for Rice’s death. However, Rice family attorney Walter Madison hit back saying that the gunning down of Rice was excessive and noted that the officer should not have been in uniform. It was discovered last year that Tim Loehmann, the officer who shot Rice in the stomach as the Cudell Recreation Center park, was declared unfit for duty in 2012.

In the Washington Post today, Mr. Madison spoke more about the case and heavily criticized the city’s decision to counter the family’s suit in the fashion they have.

“What they said is incredulous at best. It’s unbelievable,” said Madison to the Post. “There are a number of things that we in society don’t allow 12-year-olds to do. We don’t allow them to vote, we don’t allow them to drink. In court we don’t try them as adults. They don’t have the capacity to understand the consequences of their actions.”

Rice was shot and killed November 22 last year as he played in the park with a BB pellet gun. The union rep for the Cleveland Police Department said that the officer couldn’t determine if the gun was real or not from a distance. Video of the shooting has been released, which has been heavily dissected by supporters of the Rice family in their quest for answers.

Photo: Family Handout