City blames 12-year-old for his death at hands of police

Tiffany Tarpley | WKYC-TV, Cleveland

Show Caption Hide Caption Cleveland blames Tamir Rice, 12, for his own death In newly filed court papers, attorneys representing the city of Cleveland say Tamir Rice's death was caused by his "acts" and failure to "exercise due care." The 12-year-old was fatally shot by police while holding a toy gun.

CLEVELAND — A 12-year-old boy with a pellet gun whom police shot in November died because of his own actions, lawyers for the city said in newly filed court papers.

Tamir Rice's injuries resulted from a failure "to exercise due care to avoid injury," one of 20 defenses filed Friday in Cleveland's response to a federal lawsuit filed on behalf of Tamir's family.

"It's incredible that they would take such a posture, such and insensitive position instead of just acknowledging bad behavior," lawyer Walter Madison, who represents Tamir's family, said Sunday. "I think the more healthy thing for them to do is to come together, acknowledge that they're wrong, work on solutions so that this never happens again and allow this family to properly heal instead of insult them."

An officer responding to a call about someone with a firearm shot the boy twice in the torso Nov. 22. The family's complaint alleges excessive force, negligence and failure by police to immediately provide first aid.