Murder vs. Manslaughter – Former Philadelphia Officer Charged With 1st, 3rd degree Murder & Manslaughter

Former Philadelphia Police Officer Edsaul Mendoza, was fired over the shooting of Thomas “TJ” Siderio, and surrendered on Sunday night. He was denied bail, and now faces first- and third-degree murder, voluntary manslaughter, and possessing an instrument of crime.

This case has caused many of our readers to ask what is the difference between these charges in Pennsylvania and New Jersey.  It alleged that Mendoza continued chasing the suspect and shot two rounds, one of which fatally struck him in the upper right back and exited through his left chest.   These circumstances most likely led to these criminal charges and not just administrative action against him. 

It is important to understand that within the category of criminal homicide falls murder, voluntary manslaughter, and involuntary manslaughter. Criminal homicide is the intentional, knowing, reckless, or negligently causing the death of another human being. (See 18 § 2501 – Pennsylvania; 2C: 11-2 – New Jersey).

What is Murder in Pennsylvania and New Jersey?

Murder is the more serious category and it is separated by 3 degrees in both Pennsylvania and New Jersey. Murder of the 1^st degree is a criminal homicide committed by an intentional act. While murder of the 2nd degree is committed when a homicide occurs while a defendant or his or her accomplice is engaged in committing a felony crime such as robbery, burglary, aggravated assault, arson, kidnapping, or rape. (See 18 § 2502 – Pennsylvania; 2C: 11-3 – New Jersey).

While New Jersey does not specifically differentiate between murders of the 1^st, 2^nd, and 3^rd degree within its crimes code, it does define the types of murder similarly to Pennsylvania. New Jersey defines all murder as a crime of the 1^st degree which is the most serious offense in New Jersey. Murder which results from an intentional act (murder of the 1^st degree in Pennsylvania) carries with it a life sentence without the possibility of parole. Murder of the 2^nd degree in Pennsylvania also carries with it a life sentence. While murder of the 3^rd degree in Pennsylvania carries with it a maximum sentence of 40 years of state incarceration.

Felony Murder 

Murder of the 2^nd degree is felony murder in Pennsylvania and New Jersey and so, the principle actor and his or her accomplice face a potential life sentence if convicted of this crime. It is irrelevant if either the principle or the accomplices intended or set out to kill anyone during the commission of the felony.

Murder vs. Manslaughter

What separates murder from manslaughter in Pennsylvania and New Jersey is malice. Voluntary manslaughter is the intentional killing without lawful justification where the actor kills another due to a sudden and/or intense passion resulting from some serious provocation. Voluntary manslaughter is a felony of the 1^st degree in Pennsylvania and a crime of the 2^nd degree in New Jersey. In Pennsylvania, the maximum sentence for a felony of the 1^st degree is 20 years of state incarceration while the maximum sentence for a 2^nd degree crime in New Jersey is 10 years. (See 2C: 11-4 – New Jersey). Aggravated manslaughter is a crime of the 1^st degree in New Jersey.

What is involuntary manslaughter? 

Finally, involuntary manslaughter is the least serious of the crimes within this category. Involuntary manslaughter (Pennsylvania – 18 § 2504) occurs when a person dies as the result of an unlawful act of another who commits it in a reckless or grossly negligent manner or does a lawful act in a reckless or grossly negligent manner. Involuntary manslaughter is a misdemeanor of the 1^st degree except where the victim is under the age of 12 and in the care and custody of another where it is a felony of the 2^nd degree in Pennsylvania.

Following a criminal complaint, New Jersey, maintains a grand jury system. This is unlike Pennsylvania, which maintains a preliminary hearing system. The purpose of the grand jury and preliminary hearing systems are to ensure that a person is not held for trial without enough justification (probable cause).  For more information on felony murder please contact our office.

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