More than five months after Cleveland police shot 12-year-old Tamir Rice while he played in a park with an airsoft gun, an investigation into the shooting is still pending and his mother can no longer bear to live in her home, the Washington Post reports. 

The findings come from a court filing filed today by attorneys representing the Rice family. The city of Cleveland asked the Rices to delay their civil lawsuit against the city until the official investigation wraps up, and in order to protect the police officers from making a statement before they know whether they’ll be criminally charged for killing Rice.

The Rices responded by saying that they won’t delay their lawsuit for the city. ”The Sheriff’s investigation is apparently going to continue indefinitely [as] it has been five months and there is no end in sight,” the Rice family said in their court filing. In that time, no one from the Sheriff’s office has contacted the Rice family about questioning, and Tamir Rice’s mother Samaria has had to move to a homeless shelter because “she could no longer live next door to the killing field of her son.” 

Rice was shot on November 22, 2014 by Cleveland officer Timothy Loehmann after he and his partner Frank Garmback drove up to a park responding to a call that someone was playing with what was likely a fake gun. The dispatcher did not relay to officers that the gun was probably fake. The two officers, video later showed, shot at Rice within seconds of arriving on the scene.