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He was shot because he was carrying a gun they obviously wanted to make it look like a real firearm. that's why there was no orange tip. >> i want to bring that can't, exactly that. very quickly, ben, then to you mark should guns that look so real that are fake, should thought be made and sold? >> look i think that guns -- that we have rules where they're supposed to be an orange tip. >> but it was remove. >> kids many times paint over them to make that gun look real because they want it to look real on the streets. that's unfortunate. look if you want more owner, that's one thing, but ultimat...

Change. particularly if this large individual is waving what appears to be a natural weapon at them. >> reporter: and that is another thing. twice a witness calling into 911 said twice that the weapon is likely a toy. >> i'm sitting by the west boulevard rapid transit station. there is a guy in here with a pistol. i didn't saw his face but he is pointing it at everybody. >> but that information never got relayed to the officers responding to the call. >> everybody is tied up on priorities. someone on the swings pointing a gun at people. >> the officers may not have known the juvenile and a fak...

We know that the 911 dispatcher, our understanding is, did not tell those officers that that gun was a toy. that they thought it was a toy. so knowing that, knowing they may have thought the gun was real and knowing they may have driven up too closely, does that change your certainty that something wrong happened? >> well first of all, that is part of the training on how they should approach a situation if they believe it is a deadly weapon involved or a serious threat. there should be some adherence in the trend to de-escalate the situation, not provoke an individual, like in this case a chil...

A march planned here in the nation's capital december 13th, francis. >> all right. tracie potts there for us in washington, d.c. new details in the case of a 12-year-old shot and killed by a police officer in cleveland. it turns out the officer that shot the boy had previously been judged as unfit for duty. new lie released documents showing tim lowman as distracted and weepy after firearms training. a funeral was held for rice on wednesday. he was carrying a toy pellet gun without his identifying orange tip when he was shot. a toy gun buy back is being planned for later this month in clevel...

Shoots soft pelt -- pellets. >> he's pointing it at everybody. >> reporter: noting three times in the call the gun could be a fake, but dispatch apparently didn't relay that to the responding officers. >> keeps pointing a gun out of his hands and pointing it at people. >> reporter: the officer, 26-year-old timothy loehmann on the job eight months. he ordered rice to put his hands up before he fired. >> the weapon in this incident is indistinguishable from a real firearm. >> reporter: that's because it was missing this orange tip, designed to signal that this is not a real firearm. police in ne...