A Lehigh County judge has set a trial date for an officer who is facing criminal charges for a fatal on-duty shooting last year.

Jonathan Roselle, 33, of Parryville, a former officer with South Whitehall Police Department, will go to trial Sept. 24.

State police have charged Roselle with involuntary manslaughter for the July 28, 2018, death of Joseph Santos.

Roselle was in court on Friday to discuss his attorney’s motion to dismiss the charges against him.

During the hearing, the assistant district attorney prosecuting the case said that he expects District Attorney Jim Martin to participate in the trial. The judge, Kelly L. Banach, also issued an order stating that people attending the trial would not be able to wear T-shirts demonstrating support for the victim, Joseph Santos, or law enforcement.

Outside the courthouse, it was an emotional scene as the mother of one of Santos’ three children talked about the impact that his death will have on her child and his two other children for the rest of their lives.

Arlene Figueroa is the mother of the youngest of Santos’ three children, Jodessy Santos. She said seeing Roselle in the courtroom reminded her of the void her young daughter felt over the holidays not being able to spend it with her father.

“My little girl for new year had to kiss a chain and hold a little urn of ashes, and that was the closest she got to her daddy for New Year’s,” Figueroa said.

She was joined by an attorney representing two of Santos’ three children and members of Make the Road PA, an organization for Latino communities, which is advocating for Roselle to face prosecution for the shooting.

During Roselle’s hearing, prosecutors admitted into evidence dashboard camera footage and body camera footage from the shooting, and the autopsy report of Joseph Santos.

Judge Banach said she would give Roselle’s attorney, Gavin P. Holihan, until March 9 to file a brief supporting his motion to dismiss the charges.

Banach gave Prosecutor Jeffrey Dimmig two weeks from that date to respond, before she decides whether or not to grant the motion.

Banach scheduled the trial for Sept. 24, in the event that the motion to dismiss charges is not granted.

Both sides are to exchange reports from any experts they plan to call at trial by July 15. A pretrial conference will take place on Aug. 16.

Banach also said that at all court dates going forward, she would be enforcing a decorum order setting rules in the courtroom.

People attending proceedings will not be able to wear shirts endorsing either the victim or law enforcement.

Cellphones must be powered off, not just silenced. Spectators may be searched upon entering the courtroom.

“I want to ensure that we have the level playing field that this case deserves,” Banach said.

Figueroa was wearing a shirt showing Santos and their daughter. She said she wears it to show who he really was, but she understood the reasons for the judge’s order.

“It was an even decision. If I can’t wear my shirt with his picture, if she can’t wear anything with her logo, then they can’t wear anything with the police department either,” she said.

There were supporters on both sides.

Jessica Koput supports Roselle and is part of a community who posts on the “Support Officer Jonathan Roselle” Facebook group. She said while Santos’ death is a tragedy, police need the support of the citizens they swear to protect.

“We currently live in a country where some are prosecuted for doing their job, some are not. We see this so often when it comes to our police. This is a tragic incident. However, we must trust our police are doing their job by protecting our communities,” she said.

Jeffrey Simms, an attorney for Santos’ two youngest children, said he is planning to file a wrongful-death suit to ensure that Santos’ children are appropriately compensated.

​Maegan Llerena, deputy director of Make the Road, said the case goes beyond Jonathan Roselle, and recent convictions against other officers across the country show that the criminal justice system needs to change.

“This is about officers being put in a position where they can easily kill black and brown people. Black and brown people have to suffer, and they know the color of their skin is a weapon which is used against them no matter what,” Llerena said.