Frank Garmback

Despite yesterday's announcement from Prosecutor Timothy J. McGinty, the Department of Justice insists that the case of Tamir Rice's death is not over and that it is leading its own independent review.

The expert also found that the 12-year-old's toy gun was not visible to either Loehmann or his partner, Frank Garmback, the report notes. And contrary to findings by experts hired by the lawyers for the police department, Loehmann shot Tamir less than a second after exiting the patrol car, not 1.7 seconds.

"I saw the weapon in his hands coming out of his waistband and the threat to my partner and myself was real and active."

Cleveland Police Dispatcher Beth Mandl, who failed to inform police officers the gun Tamir Rice had was a toy, has resigned.