October 1, 2022

“When Officer Mendoza fired the third and fatal shot, he knew the 12-year-old, five-foot-tall, 111-pound Thomas Siderio no longer had a gun and no ability to harm him,” Mr. Krasner said. “But he fired a shot through his back nonetheless that killed him.”

Thomas was later pronounced dead at a hospital, the authorities said.

When Mr. Mendoza fired the third shot, Mr. Krasner said, he was about half a car length away from Thomas and “would have had the opportunity” to clearly see him.

After the shooting, Mr. Krasner said, Mr. Mendoza gave an “untruthful statement” about his position when he fired the final two shots.

“When people make untruthful statements about what happened that are crucial to understanding the death of another person, in the law, that can be interpreted to indicate guilty knowledge, a sense that you need to cover something up because you know that what you did is illegal,” Mr. Krasner said.

Conor Corcoran, a lawyer representing Thomas’s father, whose name is also Thomas Siderio, said that he believed there was not “conclusive evidence” that the boy had fired a gun.

“Until all that information comes to light, I still think it’s very premature and reckless to speculate that my boy even fired a gun to begin with, but we’ll see,” Mr. Corcoran said, referring to Thomas.

In a statement on Monday, John McNesby, president of Lodge No. 5 of the Fraternal Order of Police, said that Mr. Mendoza, “like every other citizen, is entitled to due process, and we are confident that our judicial system will protect this officer’s constitutional right to a fair trial.”

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