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PHILADELPHIA (CBS) — A Philadelphia police officer has been suspended with the intent to dismiss following a deadly police-involved shooting last December.

Philadelphia Police Commissioner Richard Ross announced Wednesday that 35th District Officer Eric Ruch has been suspended with the intent to dismiss.

The commissioner says Ruch, a 10-year veteran, failed to follow policy when he opened fire Dec. 27 in East Germantown on Dennis Plowden, killing him.

“Officers shall not use deadly force against another person unless they have an objectively reasonable belief they must protect themselves or another person from death or seriously bodily injury,” said Ross.

Plowden, who crashed into several cars while fleeing from police, was unarmed.

Police say Plowden got out of the car stumbling and fell onto the curb. When officers approached him, he had one hand behind his back.

After several commands to show his hand, Ruch opened fire and the bullet went through Plowden’s hand and into his head.

The Fraternal Order of Police say they will represent Ruch.

“Our attorneys will gather all the facts of the case and appropriately defend the officer,” the FOP said in a statement.