removed. the prosecutor said enhanced videotape shows tamir rice was pulling the gun out of his waistband when the officer opened fire. he says it s almost certain rice was just planning to show them it wasn t real, but he added, there s no way the officers could have known that. rick leventhal is following the story, join us now here on the news deck. rick, what s the latest on this? the cuyahoga county prosecutor says this was a horrible, unfortunate tragedy but not by law a crime, and during the news conference he played back surveillance video frame-by-frame to show he says indisputable evidence that tamir rice pulled the pistol from his wait band before the was shot. witness says rice had been waving the rice. it s a pullet gun built to look like the real thing and the cops were already on edge, concerned this might be an active shooter