PHILADELPHIA, PENNSYLVANIA: A former Philadelphia police officer who shot and killed a man during a traffic stop in Kensington in August was given huge relief on Tuesday, September 26, after a judge dismissed all charges against him, triggering outrage.
However, hours later, CBS Philadelphia reported that the charges which included murder, voluntary manslaughter and aggravated assault have been refiled after the District Attorney's Office filed a motion on Tuesday afternoon, September 26, to reinstate the charges. The court hearing has now been scheduled for October 25.
Mark Dial, 27, was charged with murder, manslaughter, official oppression and other offences for fatally shooting Eddie Irizarry, 27, through the driver’s side window of his car on August 14, 2023.
Why were murder charges against Mark Dial dropped?
The police bodycam and surveillance videos showing Dial shooting Irizarry were reviewed during the preliminary hearing.
Dial’s partner Michael Morris who, as per CNN, testified at the hearing said he yelled “knife” and “gun” because he feared for his life.
The defence showed a photo of a knife that Irizarry had, which they claimed looked like a gun handle. They argued that Dial mistook it for a weapon when he made the traffic stop with his gun drawn.
The prosecution said that Dial should face first-degree charges for killing Irizarry.
Defence lawyer McMonagle said, “There’s no way in this world this man committed murder. And every tragedy is not a crime.”
Philadelphia Judge Wendy L Pew ruled that she agreed “100%” with the defence and dismissed the charges.
Family and DA vows to fight for justice after Mark Dial Walks free for killing Eddie Irizarry
The decision triggered an emotional reaction from Irizarry’s family members who were present in the courtroom.
They cried out in disbelief and grief and vowed to continue their fight for justice outside the courthouse, as per NBC Philidelphia.
“We showed her. It was a murder. That officer used deadly force. The window was up, the door was locked and you shot through the window six times,” said Zoraida Garcia, Irizarry’s aunt.
“We are going to keep fighting,” Nelson Garcia, Irizarry’s grandfather told NBC10’s Miguel Martinez-Valle. “This is not okay," he added.
The office of Philadelphia District Attorney Larry Krasner also expressed its disagreement with the judge’s ruling and announced its intention to appeal.
Krasner had previously said that the bodycam videos were “crucial evidence in the case” and that they “speak for themselves.”
Police earlier backtracked from their initial statement that Eddie Irizarry was shot outside his vehicle
Before the bodycam footage, police during its initial statements had said the driver Irizarry “lunged at the officers” while outside his vehicle.
They had to later backtrack and admit Irizarry was inside the vehicle when the bodycam and surveillance footage disapproved it.
District Attorney’s Office releases a statement stating that they disagree with the decision
“The District Attorney’s Office disagrees with the decision by Municipal Court Judge Wendy L Pew to dismiss all criminal charges against defendant Mark Dial for the killing of Eddie Irizarry on August 14, 2023,” the office said in a statement.
“Special Investigations Unit prosecutors will be filing an appeal of this decision to the Court of Common Pleas by the end of today," it added.
"In keeping with our oath to seek justice, we will move to have all criminal charges, including Murder, reinstated against this defendant,” the statement added.
Meanwhile, Dial’s lawyer Brian McMonagle defended his client’s actions and said that he acted in self-defence when he saw Irizarry point a weapon at him.
“When police officers ordered him to show his hands, he instead produced a weapon and pointed it at an armed police officer,” McMonagle said earlier this month, adding “In no world [are] those facts murder.”
