PHILADELPHIA (KYW Newsradio) — A Philadelphia judge on Tuesday upheld charges including first-degree murder against a police officer who was fired after shooting and killing Thomas Siderio, Jr., 12, in the back on March 1.
Edsaul Mendoza also faces charges of third-degree murder, voluntary manslaughter and possession of an instrument in a crime. The case will now go to a higher court, where the disgraced officer will likely face trial.
Mendoza hung his head at times while sitting at the defense table during the hearing at the Criminal Justice Center, tearing up as prosecutors showed the judge two surveillance videos of the night he shot and killed Siderio near the corner of 18th and Barbara streets in South Philadelphia.
Prosecutors played video half a dozen times. It was grainy and far away, but a person in dark clothing ran down the sidewalk. Another person, who is supposed to be Mendoza, came down the middle of the street with several parked cars between the two, and that’s when five shots were fired.
Often, members of Siderio’s family had to leave court, overcome with emotion.
Related
A fellow officer testified that he, Mendoza and two other officers were in an unmarked tinted car, wearing regular clothes and police badges during an illegal gun investigation when two males rode up behind them on bikes at about 7:30 p.m. that night.
The officer said he circled the block, and that when he put on his lights with no sirens. Siderio, who was dressed in all-black with a mask, fired once into their car, shattering their back window, with pieces of glass striking one of the cops in the face. That cop shouted he was shot, according to testimony.
The testifying officer said he got out, took cover, fired one shot and saw Mendoza chase after Siderio.
Surveillance video captured five shots being fired.
Related
The moment in question is when Mendoza, who was running in the middle of the street, fired at Siderio who was on the sidewalk. Siderio dropped to the ground.
Prosecutors said that the video picked up the sound of a gun hitting the ground, and then Mendoza firing once into Siderio’s back, even as he lay on the ground.
The defense said that the law allows an officer to use deadly force when the perpetrator is escaping. The judge sided with prosecutors.
Related
A professor who studies policing and use of force, from outside of Pennsylvania and paid for by the Philadelphia District Attorney’s Office, also testified and said the officer’s actions were reckless.
Mendoza will be arraigned later this month and will remain in prison.
Neither Siderio’s family nor the Mendoza family or attorneys wanted to speak after the hearing.
Nina Baratti contributed to this report.