The judge said the assistant district attorney made an accidental mistake to grand jury, which voted to indict Officer Richard Haste on manslaughter charges in the death of Ramarley Graham.
Graham's mother was in the courtroom at the time, reacted very emotionally and had to be removed from court.
"I am angry and cannot express my feelings alone," Constance Malcolm said. "I am ready to take it to the streets and the highest of the highest. Please be prepared for a major protest."
The family quickly condemned the decision.
"If it means going back to the grand jury or if we have to ask the federal court to deal with this case, we are going to keep fighting, no matter what," dad Frank Graham said. "Whereever it leads us, we will go there. We will never stop until justice is served in this case, until Richard Haste goes to prison for murdering our son. If we start over, we will start stronger."
"Murdering cops must be held accountable," said Frank Graham, Ramarley's father, "Tell Richard Haste we are not going to rest until he goes to prison."
His message is filled with the pain of a father who's lost a son, and who still does not have the answers and the justice he seeks.
"We might not be big in numbers, but we are going to do this until we can't do this no more and that is when Richard Haste is in prison," Frank Graham said.
On this day, the officer who shot his son walked out of a courtroom after a judge threw out the indictment against him.
"This might be a punch in the gut right now," Frank Graham said.
Looking back, Ramarley Graham's mother and father accuse the DA's office of fumbling the case.
"What were they doing, the DA's office, the DA's office? Are these competent people? If they are not then get them out, they should be fired," Frank Graham said.
In February of last year, the 18-year-old was unarmed when he was confronted by police after being chased into his family's Bronx apartment.
Cops mistakenly believed he had a gun and the officer who shot him claims he was acting based on that information.
"This is roughly the way police came in that day," Frank Graham described.
The family invited Eyewitness News into the home and they showed us where Ramarley's grandmother and little brother were sitting that day.
"The grandmother was a witness. The 6-year-old boy was a witness, because right about here is where Ramarley was shot," Frank Graham said.
He was shot and killed in the bathroom.
Despite those haunting memories, Constance Graham, Ramarley's mother, refuses to leave and refuses to give up.
"I don't want to leave because I'll feel like I'm leaving him behind. Not right now, I have a fight to fight. Maybe afterwards when I get justice for him, maybe I'll move," said Constance Graham, Ramarley Graham's mother.
The case isn't over because prosecutors were expected to present the case again to the grand jury.
The Reverend Al Sharpton, of the National Action Network, released the following statement on the ruling:
"This is an outrageous miscarriage of justice and an insult to the family and supporters of Ramarley Graham. We demand that a new Grand Jury is convened immediately and that the case is re-presented. We will be rallying and planning direct action at National Action Network's Saturday action rally. The family will be present."
