Three of the officers were shot, but Mendoza was involved in a “regular inappropriate” pursuit of the boy and shot him three times, Krasner said. During the chase, Siderio threw the gun aside, Krasner said. Even so, Mendoza shot the boy twice after the gun was fired, he said. Mendoza fired the fatal shot from half a car away when the 12-year-old was lying face down on the ground, Krasner said. Shortly afterwards, Mendoza directed another officer to the spot where the boy had thrown the gun, which was found 40 feet away, the DA said. “So when Officer Mendoza fired his third, deadly shot, he knew that 12-year-old Thomas Siderio, 5 feet tall, 111 kilograms, no longer had a gun and had no ability to harm him,” Krasner said. In announcing the charges, Krasner cited a presentation, or official billing document, by a large jury based on an unreleased video of the shooting. Krasner said officials would not release the video until they received permission from a judge to do so. Mendoza was charged with first-degree murder, third-degree murder, manslaughter and possession of a crime instrument with intent to use it criminally, Krasner said. He was arrested Monday morning and is being held without bail, Krasner said. The preliminary hearing is scheduled for May 16, according to court records. CNN contacted the Philadelphia ombudsman’s office for comment. The charges come two months after Police Commissioner Danielle M. Outlaw moved to fire Mendoza because the shooting violated the department’s directive on the use of force, she said. “Based on the evidence I had, 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 commensurate with the resistance they are trying to overcome. I will also tell you that our policy clearly states that excessive violence will not be tolerated.” A 9mm semi-automatic pistol, equipped with a laser, was pulled from the spot, according to a March police statement. The weapon was reported to have been stolen and was loaded with one cartridge in the chamber and five cartridges in the magazine. The 17-year-old boy who was at the scene was not injured, authorities said. He was interrogated and released pending further investigation. One of the officers was injured in the eye by glass when the car was shot at, police said in a statement. The bullet went through the rear window of the passenger and through the headrest of the passenger seat, where another officer was sitting, the statement said. CNN’s Aaron Cooper Raja Razek and Amy Simonson contributed to this report.
