Eddie Irizarry: All charges reinstated against former Philadelphia officer Mark Dial in fatal shooting
Eddie Irizarry: All charges reinstated against former Philadelphia officer Mark Dial in fatal shooting
Mark Dial has been taken into custody after a judge reinstated all charges against the former Philadelphia police officer, who shot and killed Eddie Irizarry during a traffic stop this past August.
PHILADELPHIA - Mark Dial has been taken into custody after a judge reinstated all charges against the former Philadelphia police officer, who shot and killed Eddie Irizarry during a traffic stop this past August.
The ruling was passed down during a Wednesday hearing after the District Attorney's office filed a motion to reinstate all original charges, including murder, manslaughter, official oppression and four other counts. He is being held without bail.
Philadelphia Municipal Judge Wendy Pew dismissed all charges against Dial last month after watching video of the fatal shooting during a preliminary hearing. The defense had claimed that former Officer Dial was acting in self-defense when he fired his weapon at close range through the rolled-up driver’s side window of Irizarry’s sedan during a vehicle stop on August 14.
Eddie Irizarry: All charges dismissed against Philadelphia officer in fatal traffic stop shooting
A judge has dismissed all charges, including a murder count, against Philadelphia Police Officer Mark Dial who shot and killed a driver as he sat inside his vehicle last month.
On Wednesday, Dial appeared in court for hearing as members of Irizarry's family, along with protesters from three different organizations, gathered outside to demand all charges be reinstated.
Those same family members emerged from court thankful for a "big step" in the case after Dial was taken into custody from the courtroom following the new ruling.
"God is good, we finally got the answer we needed."
However, Dial's attorneys were "disappointed" by the ruling, saying they plan to file a motion to move the trial out of Philadelphia County.
"Moved to a county where law and order matters, and get to a jury who will hear this evidence, and I think will come to the inescapable conclusion that Mark Dial is innocent of all charges."
Last month's controversial ruling sparked planned and peaceful protests as large crowds gathered in the rain just hours later to demand justice for Irizarry.
Irizarry's family has since questioned the fairness of the judge who dismissed the charges after learning she previously hired a divorce attorney who now works for the law firm that represented Dial.
Family members also filed a wrongful death suit against Dial and his partner the day after the judge's first ruling.
"We're going to continue to fight, we're going to appeal the case and continue to fight," Zoraida Garcia, Irizarry's aunt, told FOX 29. "He committed a crime and he needs to pay for the crime he committed.
Eddie Irizarry’s family files wrongful death suit against fired Philadelphia officer, partner
The family of Eddie Irizarry has filed a wrongful death suit against the fired Philadelphia police officer involved in the traffic stop shooting, as well as his partner.
Body-worn camera video from Dial and his partner presented at the preliminary hearing showed Irizarry holding a knife near his right leg as police approached his stopped vehicle.
The footage shows Dial shoot Irizarry about seven seconds after getting out of a police SUV and walking over to the sedan. He fired a total of six rounds.
Police previously backtracked from their initial statements that Dial shot Irizarry outside the vehicle after he "lunged at" police with a knife. Dial, a five-year member of the force, was suspended, then fired, after officials said he refused to cooperate with investigators.
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Dial's partner, Officer Michael Morris, said the officers started following Irizarry after he sped past them in a bike lane and rounded a corner.
Morris testified that he saw the driver holding a knife with a black metal handle that could have looked like a gun. He said Irizarry started to raise it as Dial approached the car, which had stopped while going the wrong way on the one-way street.
Irizarry's family attorney Shaka Johnson called the ruling "another dagger" in the family's faith in the legal process. He described the family's mood as "absolutely distraught."
"Sometimes we have to make noise to be heard, it's sad to say but here in the city, we have to make noise and we've been peaceful this whole time," Garcia said. "When you go peaceful, all charges get dropped."