Edsaul Mendoza, 26, was one of four plainclothes officers in an unmarked police car on the evening of March 1 when they stopped next to 12-year-old Thomas “TJ Siderio and a 17-year-old identified as NK,” Krasner said. Then TJ “probably” fired at the vehicle and a bullet hit the rear window, Krasner said.
Three of the police officers went into hiding, but Mendoza joined in a “tactically unjustified” chase of the boy and shot him three times, Krasner said.
During the chase, TJ threw the gun aside, Krasner said. However, Mendoza fired twice at the boy after the gun was dropped, he said. Mendoza fired the fatal shot from half a car away as the 12-year-old lay on the ground, Krasner said.
Immediately afterwards, Mendoza directed another police officer to the spot where the boy threw the gun, which was found 40 feet away, prosecutors said.
“So when Officer Mendoza fired the third and fatal shot, he knew that 12-year-old Thomas Siderio, 5 feet tall and 111 kilograms, no longer had a gun and could not hurt him,” Krasner said.
In announcing the charges, Krasner cited a presentation or official indictment by a grand jury based on an unpublished video of the shooting. Krasner said officers would not release the video until they received permission from a judge.
In the presentation, Mendoza was charged with first-degree murder, third-degree murder, premeditated murder and possession of an instrument of crime with intent to use it criminally, Krasner said.
He was detained Monday morning and detained without bail, Krasner said. The preliminary hearing is scheduled for May 16, according to court records.
The Fraternal Police Order of Philadelphia said it would represent Mendoza in the case.
“The accused employee, like any other citizen, has the right to due process, and we are confident that our judiciary will protect this employee’s constitutional right to a fair trial,” Philadelphia FOP Lodge # 5 President John McNesby said in a statement.
The charges come two months after Police Commissioner Daniel M. Outlow set about firing Mendoza because the shooting violated the department’s directive on the use of force, she said.
“Based on the evidence I reviewed, it was clear that the policy of using force had been violated,” Outlaw said at the time. “I will tell you that any use of force must be proportionate to the resistance they are trying to overcome. I will also tell you that our policy clearly states that excessive force will not be tolerated.”
A 9mm semi-automatic pistol equipped with a laser was found at the scene, according to a police statement in March. The pistol was reported stolen and loaded with one cartridge in the cartridge and five cartridges in the magazine. The 17-year-old boy, who was at the scene, was not injured, authorities said. He was questioned and released pending further investigation.
One of the officers was wounded in the eye by glass when the car was shot, police said in a statement. The bullet passed through the rear window on the passenger’s side and through the headrest of the front passenger’s seat, where another employee was sitting, the statement said.
Aaron Cooper, Raja Razek and Amy Simonson of CNN contributed to this report.
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