Samaria Rice, mother of Tamir Rice- who was shot to death by a police officer - speak on a panel titled "The Impact of Police Brutality - The Victims Speak" at the National Action Network (NAN) national convention on April 8, 2015 in New York City.

Samaria Rice, mother of Tamir Rice- who was shot to death by a police officer – speak on a panel titled “The Impact of Police Brutality – The Victims Speak” at the National Action Network (NAN) national convention on April 8, 2015 in New York City.

*The mother of Tamir Rice—the 12-year-old Cleveland boy shot and killed by police in November while he played with a toy gun—is reportedly living in a homeless shelter…because staying near the spot where her son died is too painful.

Lawyers for Samaria Rice made the revelation in court documents surrounding a press conference Monday.

The City of Cleveland asked Rice’s family to halt their civil lawsuit until the official investigation has concluded, reports The Washington Post. The request, written by city lawyers, says that delaying the lawsuit will protect the two officers involved in the shooting from making statements now, before knowing if they’ll be charged with a crime.

On Monday, Rice’s family responded: They can’t wait any longer.

In Monday’s court filing, Rice’s family said they cannot agree to hold off on their lawsuit until the investigation is complete in part because they are worried that crucial evidence could be lost. In addition, they said, the elongated pace at which the investigation is moving is causing them sustained distress.

“The incident has shattered the life of the Rice family,” the motion stated.

Rice’s mother, the motion goes on to state, has moved into a homeless shelter.

“In particular, Samaria Rice, Tamir Rice’s mother, has since been forced to move to a homeless shelter because she could no longer live next door to the killing field of her son,” the motion said.

And, with the investigation still lingering, the Rice family said they have yet to bury Tamir because it is unclear if there will be need for any additional medical examination.

“Plaintiffs are incurring expense daily and are unsure if they can finally rest Tamir Rice due to the pending investigation,” the motion filed by the family reads. “A stay would exacerbate this expense and emotional distress.”

Tamir was shot on Nov. 22 as he threw snowballs and played with a toy gun in a Cleveland park near his home. A resident exiting a nearby community center saw Tamir with the toy gun and phoned police, telling them there was a boy playing with what looked like a gun — noting to the dispatcher that it was likely a toy.

Those close to the police department have advanced the narrative that the officers, unaware that the caller indicated Tamir was likely playing with a toy, expected the boy to run. Instead, as they jumped a curb and drove at him and a playground gazebo, Tamir took a step toward the rapidly advancing police cruiser — startling one of the emerging officers, who shot him.

“It is so sad that the face of police brutality in America is going to be the 12-year-old face of Tamir Rice,” declared attorney Benjamin Crump, who is working with the Rice family, during a news conference on Monday. “We come here to Cleveland, Ohio, brothers and sisters, where we had video capture the whole entire episode of what happened to claim this baby’s life. And yet, after five months and counting, no one has been charged, no one has been held accountable for the death of 12-year-old Tamir Rice.”