>>> an ohio grand jury declined to indict two white cleveland police officers, timothy loehmann and frank garmback, in the shooting death of 12-year-old tamir rice. rice was shot in november of last year afr being spotted waving a gun in a park. it turned out to be a toy. the prosecutor called the incident an absolute tragedy, but not a crime. demarco morgan is in cleveland. >> simply put, given this perfrft storm of human errrr, the state's miscommunication by all involved that day, the evidence did not indicate criminal conduct by police. >> reporter: cuyahogogcounty prosecutor tim mcginty says this enhanced video shows 12-year-old tamir rice was pulling a pellet gun out of his waistband when he was shot. >> he ther intended to hananit over to the officers or show it no way for the officers to know that. they saw the events unfolding in front of them from a different perspective.