A former Philadelphia police officer who fatally shot a 12-year-old boy in the back in March has been charged with murder, officials said Monday, after new evidence revealed the cop knew the child was no longer armed when he shot him.
Edsaul Mendoza, 26, was charged with first-degree murder, third-degree murder, voluntary manslaughter, and possessing instruments of crime with intent over the death of Thomas "TJ" Siderio, according to a criminal docket in municipal court.
Mendoza was arrested Sunday and is being held without bail following a Monday morning court hearing, Philadelphia District Attorney Larry Krasner said at a press conference.
Siderio was shot in South Philadelphia on March 1 after officers in an unmarked car attempted to stop him and a teen he was with.
When the officers turned on the vehicle's emergency lights, Siderio fired a bullet into the car's rear window, narrowly missing an officer sitting in the rear seat.
Police had originally said in March that Siderio was holding a gun as he ran away, before Mendoza then shot him in the upper right back.
But Krasner offered a different version of events on Monday that he said was based on video and other evidence unseen by the public but shown to a grand jury.
He said Mendoza had begun a "tactically unsound foot chase" and then fired his gun after the 12-year-old had discarded his weapon some 40 feet before.
"Forty feet is a long way," Krasner said. "It is certain that Thomas Siderio had stopped running and that he was possibly surrendering."
Krasner said Siderio had been face-down on the sidewalk in a position similar to a push-up when the officer shot him.
Mendoza's non-hesitant approach to the child also suggested he knew Siderio was no longer armed, Krasner said.
Additionally, after shooting Siderio, Mendoza also immediately told another officer the child had thrown the gun away.
"Thus when Officer Mendoza fired the third and fatal shot, he knew that 12-year-old, 5-foot-tall, 111-pound Thomas Siderio no longer had a gun and no ability to harm him, but he fired a shot nonetheless through his back that killed him," Krasner said.
Mendoza had also made untruthful statements during the investigation about where he was when he fired the fatal shot, Krasner said. "That can be interpreted to indicate guilty knowledge, a sense that you need to cover something up because you know that what you did was illegal," he added.
The officer was subsequently fired from the police department.
Court records show he is being represented by the Defender Association of Philadelphia, which did not immediately return a request for comment.
Krasner said that the video of the shooting may be shown to the public after the presiding judge grants permission.
"I find this very disturbing and very difficult to watch," he said of the video.