New York ( CNN ) -- A Bronx Supreme Court Judge dismissed on Wednesday the manslaughter indictment against New York Police Officer Richard Haste , who fatally shot an unarmed teenager in 2012 . Judge Steven Barrett threw out the case based on instructions given by the prosecution to the grand jury regarding communications among officers before the shooting , attorneys on both sides of the case confirmed . `` The whole defense against Officer Haste is , what his state of mind was prior to discharging his weapon one time , '' said Stuart London , Haste 's attorney . The original indictment alleges that Haste acted `` recklessly '' and ultimately killed 18-year-old Ramarley Graham while `` acting with intent to cause serious physical injury ... by shooting him . '' `` Officer Haste 's actions were formulated by information given by other officers at the scene who said the individual he was chasing was armed , '' London said . `` So his state of mind was , this person is dangerous . '' In dismissing the case against Haste , Barrett said : `` In effect the grand jury was told , by both commission and omission , that the communications of the other officers to Officer Haste were not relevant . That 's my conclusion in reading this instruction , and that is error , '' CNN affiliate NY1 reported . `` My ruling does not end this case , '' the judge added . After Barrett read his decision , Constance Malcolm , Graham 's mother , yelled , `` He killed my child ! '' `` It can not be said more forcefully that we disagree with the court , '' a statement issued by the Bronx District Attorney 's Office said . The district attorney 's office will now decide whether it will appeal this decision or present the case to the grand jury again . `` This is a long road and we are certainly gratified that the system is fair , '' London said . `` We are ready to testify again , if the district attorney chooses to represent to the jury , because Officer Haste feels justified in his actions . '' The charges against Haste stemmed from an incident in the Bronx on February 2 , 2012 , when , police say , investigators observed a young man now believed to be Graham acting suspiciously . When police approached , they say , the man fled , eventually running into a three-family home . Police say investigators pursued the young man into his house , where a struggle occurred . Haste fired one shot and hit Graham in the chest as he barricaded himself in the bathroom . Graham 's family said he was shot as his grandmother and his 6-year-old brother looked on .
Judge throws out manslaughter indictment against NYPD Officer Richard Haste . Haste was accused in the death of Ramarley Graham , 18 , during a chase in 2012 . The prosecution misled the grand jury about police communications , the judge says .