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Boy with fake gun dies after being shot by Cleveland cop

| Sunday, Nov. 23, 2014, 1:21 p.m.

CLEVELAND — A 12-year-old boy brandishing what turned out to be a replica gun died Sunday after he was shot by a Cleveland police officer responding to a 911 call about a person waving a gun in a park.

Deputy Chief Ed Tomba said the officer fired twice after the boy pulled the fake weapon — which was lacking the orange safety indicator usually on the muzzle — from his waistband.

The boy did not make any verbal threats toward the officer or point the gun, but reached into his waistband and grabbed it after being told to raise his hands, Tomba said.

“That's when the officer fired,” he said.

Police said the weapon was an “airsoft” type replica gun that resembled a semi-automatic pistol. The orange safety indicator had been removed, police said.

A man who called 911 told dispatchers before police arrived that the boy was on a swing set and pointing a pistol that was “probably fake” and scaring everyone.

The caller said the boy was pulling the gun in and out of his pants. “I don't know if it's real or not,” the caller said.

Jeff Follmer, president of the Cleveland Police Patrolmen's Association, said the officers were not told the caller thought the gun might be fake.

The officer called to the park saw the pistol sitting on a table, and watched the boy grab it and put it in his waistband, Follmer said.

The hospital where the boy died and an attorney for his family would not release his name on Sunday.

Attorney Timothy Kucharski said the boy went to the park with friends Saturday afternoon, but he did not know the details of what led to the shooting. “I don't want to make a rush to judgment,” he said.

He said he wants to talk to witnesses and get more facts. “We're ultimately going to find out what happened,” Kucharski said.

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