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PITTSBURGH, PA - JUNE 21: More than 200 people gathered for a rally to protest the fatal shooting of an unarmed black teen at the Allegheny County Courthouse on June 21, 2018 in Pittsburgh, Pennsylvania. The rally comes in the aftermath of the fatal shooting of Antwon Rose by an East Pittsburgh police officer Tuesday night as the 17-year-old ran after being stopped by police in a vehicle suspected of being involved in an earlier shooting. The organizers called on Allegheny County District Attorney Stephen Zappala Jr. to bring criminal charges against the officer.  (Photo by Justin Merriman/Getty Images)
PHOTO: Justin Merriman/Getty Images
PITTSBURGH, PA - JUNE 21: More than 200 people gathered for a rally to protest the fatal shooting of an unarmed black teen at the Allegheny County Courthouse on June 21, 2018 in Pittsburgh, Pennsylvania. The rally comes in the aftermath of the fatal shooting of Antwon Rose by an East Pittsburgh police officer Tuesday night as the 17-year-old ran after being stopped by police in a vehicle suspected of being involved in an earlier shooting. The organizers called on Allegheny County District Attorney Stephen Zappala Jr. to bring criminal charges against the officer. (Photo by Justin Merriman/Getty Images)
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(CNN) —  

Prosecutors charged East Pittsburgh police Officer Michael Rosfeld with criminal homicide Wednesday in the shooting death of 17-year-old Antwon Rose II, court records show.

New details, included in the criminal complaint against Rosfeld, indicate Antwon was shot in his face, right arm and the middle of his back. It also states that Antwon was in a car suspected in an earlier shooting but did not appear to be the shooter, and that Rosfeld made inconsistent statements about whether he believed Antwon had a gun when the officer opened fire.

Under Pennsylvania law, criminal homicide includes murder, voluntary manslaughter and involuntary manslaughter. Allegheny County District Attorney Steve Zappala said he believes Rosfeld acted “recklessly and without justification,” and thus, the evidence supports charges of manslaughter and third-degree murder, and Zappala said his office has a “right to argue murder in the first,” which the state code classifies as an “intentional killing.”

East Pittsburgh police Officer Michael Rosfeld stands charged with criminal homicide.
PHOTO: Allegheny County District Attorney's Office
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“I find that Rosfeld’s actions were intentional,” Zappala said, emphasizing that Antwon was not armed. “He was not acting to prevent death or serious bodily injury.”

First-degree murder carries a maximum sentence of life in prison, third-degree murder a maximum of 40 years and manslaughter a maximum of seven years, the district attorney said.

Rosfeld was arraigned Wednesday morning and his bail was set at $250,000, court records show. The bail is unsecured, a court document said, meaning the officer will not have to put up any money or assets. A preliminary hearing is set for July 6. The officer is on unpaid leave, his lawyer told CNN affiliate WTAE.

Zappala’s office “argued vigorously” against granting Rosfeld an unsecured bail because the crime potentially carries a sentence of life in prison, spokesman Mike Manko said.

Attorney Pat Thomassey, who is representing Rosfeld, could not be reached for comment, but he told WTAE that Rosfeld is seeking counseling because “there’s a young boy that’s not with us and he’s not happy about that.” However, the attorney said, he’s not sure what Rosfeld was supposed to do, given the situation.

“I don’t think it’s a murder case. I don’t. I don’t know if there were mistakes made in police procedure – that’s to be determined later – but I don’t see it as a murder case,” Thomassey told the station, adding that, at most, it’s an involuntary manslaughter case.

The Rose family views the charges “with guarded optimism,” family attorney Fred Rabner said.

01:53 - Source: CNN
Trial begins for ex-officer who shot teen

“There is still a long road ahead to a conviction and proper sentencing,” he said. “We know that to get from protests to policy is a marathon, not a sprint, and we hope that this case has the endurance to change the landscape of the country on this important issue of police brutality.”

Rosfeld, 30, shot Antwon three times June 19 as he fled a car after a traffic stop. According to Allegheny County police, Antwon was a passenger in a car that authorities suspected of being involved in an earlier shooting in nearby Braddock.

The East Pittsburgh officer pulled the car over and ordered the driver out of the car and onto the ground, police said. Antwon and another passenger “bolted” from the vehicle, and Rosfeld opened fire, striking the teenager, police said.

The complaint

The criminal complaint against Rosfeld contains a lengthy narrative providing new details about Antwon’s death and the earlier shooting.

Officers from East Pittsburgh, North Braddock and Braddock initially responded to a report of shots fired in an area of North Braddock known for drug crimes and shootings. Witnesses told officers a passenger had fired from a tan or gold Mercury with aftermarket wheels, then fled, the complaint said.

Within minutes, police identified a victim with a gunshot wound to the abdomen, and the vehicle description was updated to a light gold Chevrolet Cruze with tinted windows, according to the complaint.

Police obtained surveillance video from the scene and collected shell casings from .45- and .40-caliber weapons. The video showed a black man in a dark shirt roll down the Cruze’s rear passenger window and open fire with a handgun. The alleged shooter has been identified as Zaijuan Hester, a juvenile. He will be tried as an adult, Zappala said.

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The front passenger window remained closed. A man on the sidewalk with the gunshot victim returned fire. Police are looking for that shooter, Zappala said.

About a mile and a half away, officers responded to the scene where Rosfeld had pulled over a light gold Cruze with its rear window broken and with two bullet holes, one in the trunk and one in the front passenger door, the complaint said. Rosfeld’s vehicle was parked 24 feet behind the Cruze.

The driver was in custody and another passenger had fled on foot. Antwon had been shot and taken to a hospital. According to the medical examiner, bullets hit Antwon on the right side of his face, exiting near the bridge of his nose, inside the right elbow and to the right of his spine. The shot to the back was fatal, as it hit Antwon’s lung and heart, the complaint said.

Officers pursuing Hester later found a black shirt, which was collected as evidence. Hester was arrested this week and will be formally charged with aggravated assault, pos