that the gun was out of his waistband when the officer shot tamir rice. >> jean, we heard when the prosecutor announce this decision he said it was he acknowledged it was a difficult phone call, as of course you would expect with his family. how has the family responded publicly since the announcement? >> well, they issued a statement. and it has been so emotional. this was a 12-year-old little boy really. and this is the statement that the family issued just minutes ago. they say tamir's family is saddened and disappointed by this outcome but not surprised. it has been clear for months now the cuyahoga prosecutor was abusing his manipulating to grand jury process to orchestrate a vote against indictment. >> jean casarez, thank you for joining us. cnn legal analyst van jones and joey jackson. joey, i want to start with you