Witness #1 stated that the male then started to act gangster by pulling a gun in and out of his waistband and observed that specific motion at least 6 or 7 times. Witness #1 further stated that in 2012 he
had been a victim of a previous assault and because of the actions by the male (Tamir) he became frightened and he refused to make eye contact with him.
Witness #1 recalled that at one point the male pulled the gun out in front of a passerby and pointed the gun directly at the persons face as she walked by him on the sidewalk. (Surveillance video captures this interaction between Tamir and Witness #6).
Witness #4 stated that before Tamir got shot he would pull the gun in and out of his pants like robbers do and he was in front of the Cudell Recreation Center with Witness #3 when they heard the shots. They ran towards the gazebo and witnessed the plain clothes officer (FBI) attend to Tamir. They stayed until Tamir was taken to the hospital.
However, the video surveillance from Camera 1 demonstrates that Tamir and Witness #6 actually met on the sidewalk in front of the gazebo. (Witness #1 was sitting inside the gazebo at that time during the interaction). The video shows Tamir openly carrying the replica firearm then pointing it at Witness #6 as she walked away.
http://prosecutor.cuyahogacounty.us/pdf_prosecutor/en-US/Rice Case Report FINAL FINAL 12-28a.pdf