On Saturday, 12-year-old Tamir Rice was fatally shot by a Cleveland police officer who mistook an air pistol for a real firearm. The incident started with a 911 caller reporting someone sitting on a swing pointing a pistol at people at a city recreation center.

Deputy Chief Ed Tomba stated that Rice did not point the air gun at the police officers when approached, nor did he threaten them– but he did reach into his waistband for the toy gun in his waistband after authorities ordered Rice to stop and show his hands.

Officers state that the orange top that signifies a gun as a fake was not visible to them, and that the large, black air gun resembled a semi-automatic pistol. Rice died at MetroHealth Medical Center early this Sunday after surgery.

Video of the shooting has been said to have been recorded, but it is not available to the public since it is a part of an active investigation. The investigation hopes to be completed in 90 days and sent to the district attorney.

The shooting adds more fuel to the flame; the country continues to protest the shooting death of Mike Brown in Ferguson, St. Louis, and the grand jury is in the process of releasing their decision of whether to indict Officer Darren Wilson. “Ferguson being out there or not being out there doesn’t matter,” said Cleveland Mayor Frank Jackson at a news conference. “This is about the fact that a young boy was shot and killed in Cleveland.” The attorney for the family of Tamir Rice also does not suggest any racial connotations to the incident.

Cleveland residents, however, do not all share the same sentiment. Questions regarding the officer’s tactics by angry residents are making waves on news stations as well as the Internet. While Chief Calvin Williams expresses his regret for the incident, he states, “”Our officers at times are required to make critical decisions in a split second, unfortunately, this was one of those times.”