October 25, 2023
SCREEN CAPTURE/PHILADELPHIA DISTRICT ATTORNEY'S OFFICE
Philadelphia Police Officer Mark Dial is shown on police body cam footage the day he shot and killed Eddie Irizarry during a traffic stop in Kensington. Charges of first-degree murder and other offenses were reinstated against Dial on Wednesday.
Former Philadelphia police officer Mark Dial will face murder charges after a judge ruled Wednesday that he should face trial for fatally shooting Eddie Irizarry during a traffic stop in Kensington in August.
Philadelphia Common Pleas Court Judge Lillian Ransom reinstated all charges against Dial. The charges had been dismissed by a judge who deemed Dial's actions were justifiable. District Attorney Larry Krasner had appealed that decision.
Dial was taken back into police custody after Wednesday's hearing, according to FOX29. A trial date has not yet been set.
"This is only the beginning," said Zoraida Garcia, Irrizary's aunt, told the station afterward. "We have a long, long road ahead of us and we are aware of that."
“MARK DIAL IS BACK IN JAIL”: The family of Eddie Irizarry spoke out after all charges against fired Philadelphia police officer Mark Dial were reinstated in the deadly August shooting.
— FOX 29 (@FOX29philly) October 25, 2023
MORE: https://t.co/MyuE1K1UX6 pic.twitter.com/C0qiDdauep
On Aug. 14, Dial shot and killed Irizarry, 27, at close range just moments after pulling over Irizarry near Erie Avenue and B Street for driving erratically. Krasner filed charges against Dial after an investigation that included reviewing the body-worn camera footage from Dial and his partner.
Those charges were dismissed by Municipal Court Judge Wendy Pew at a preliminary hearing on Sept. 26, prompting protests from Irizarry's family and supporters. Pew ruled Dial's actions were justified because he was reacting to a possible threat to his safety – and his partners – when he fired several shots at Irizarry.
Initially, police said Irizarry exited his car and "lunged" at the officers with a knife before being shot – a narrative that then-Police Commissioner Danielle Outlaw corrected after an internal review of body cam footage. Police later said they found two knives in Irizarry's car, but the body cam footage shows he never exited his car or lunged at the officers.
Dial was suspended from the Philadelphia Police Department, with the intent to dismiss him, for failing to cooperate with the investigation into the shooting.
The reinstated charges against Dial include first-degree murder, third-degree murder, voluntary manslaughter, aggravated assault, simple assault, recklessly endangering another person and official oppression.
