PHILADELPHIA (KYW Newsradio) — When Philadelphia Police Commissioner Danielle Outlaw announced that the officer who shot and killed 12-year-old Thomas Siderio Jr. would be fired, she cited the department’s use of force policy. She said “it was clear” that he violated it.
The department’s use of force directive essentially says an officer should not use deadly force against another person unless they have a reasonable belief that they must protect themselves or someone else from death or serious injury.
But determining whether or not a shooting was actually justified is a lengthy process.
“What can be a threat five seconds ago is not necessarily a threat at this particular second, so it’s important that officers are mindful of that and respond in that way,” explained Joe Sullivan, a retired police commander.
Sullivan has had to use force, and he said time can feel like it’s standing still. “You almost feel like you are observing the incident that you’re involved in, and that’s why training is so important — so that you react instinctively.”
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On March 1, authorities said four officers in plainclothes and an unmarked car noticed two young teens on bikes on Barbara Street in South Philadelphia. They recognized one of them, a 17-year-old, as being wanted for questioning in a gun investigation. They turned on the car’s police lights, and that’s when they said Siderio fired into their car.
Officers returned fire, one of them striking the boy in the back and killing him. They were not wearing body cameras.
Sullivan said an officer may be justified in shooting someone in the back if the person continues to point their gun at the officer or if they fire their weapon. However, the use of force directive doesn’t state that someone running away is enough of a justification for the use of force.
“The shooting of a 12-year-old or anyone is potentially problematic, but you cannot make the final determination until you have collected all the facts,” he said. “The results of the autopsy, the track of the bullet, and all of the video and all of the witness statements, as well as other forensics — DNA, fingerprints confirm that the person in question was in possession of the firearm, as well as ballistics, of course.
“That video [of Siderio] is crucial … because you are looking at it from the totality of the circumstances and not any single one.”
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The officer who fired the fatal shot is currently suspended with the intent to dismiss within the next month.
Siderio’s mother has retained a lawyer. City officials have not released any of the officers’ names, citing a “credible threat” to the four cops and their families.