. >> reporter: officer timothy loehman and greg garback will remain on relieved duty. >> if there is a violation of the policies and procedures. >> reporter: the officers say they were fearful when they arrived at a recreation center outside cleveland in 2014, a witness called 911 reporting a guy with a pistol and adding the weapon was probably fake. >> that point was never passed along to the officer. they showed the toy gun next to a real colt model to see how similar they appear. >> reporter: we informed tamir's mother. >> reporter: the family is saddened and disappointed by this outcome but not surprised. the lawyer insists the family is still pushing for justice for tamir. >> he will rest in peace forever not knowing what he did wrong on that playgrounds. an honest city probe. >> the texas teenage ever who made headlines for having so-called affluenza has been detained in mexico. 18-year-old ethan couch and his mother, police believe he fled after showing an alleged probation violation. two years ago, he killed four people driving drunk. he received ten years probation when lawy

a letter from a superior specifically criticizes loehman's performance in firearms training, saying -- "he could not follow simple directions, could not communicate clear thoughts nor recollections, and his handgun performance was dismal." meanwhile, officer frank garmback -- the officer who was driving the police cruiser when tamir rice was killed -- also has a troubled history. cleveland reportedly paid out $100,000 to a cleveland resident named tamela eaton to settle an excessive force lawsuit brought against garmback. the settlement stemmed from a 2010 confrontation in which eaton said garmback "rushed and placed her in a chokehold, tackled her to the ground, twisted her wrist and began hitting her body." billy joe mills, does this have any bearing on tamir rice's case. start with loehmann, the man who shot tamir rice. he is forced out of the department because he had low impulse control, and because his handling of handguns was appalling. >> that's right. he was forced out of the department that also was a suburban police department, police department in which would not expect th