Charges Dropped Against Philly Cop Who Killed Man Sitting In Car

PHILADELPHIA — First-degree murder, voluntary manslaughter, official oppression, and related charges filed against a former Philadelphia Police officer who shot and killed a man last month have been dismissed.

A Philadelphia judge Tuesday dismissed the charges filed against Mark Dial, 27, of Philadelphia.

Dial shot and killed Eddie Irizarry, 27, the afternoon of Aug. 14 on the 100 block of East Willard Street.

Court documents show the charges were dropped due to a lack of evidence.

Dial was remanded to jail last week after a Judge Lillian Ransom revoked the fomer officer's bail, which was initially set at 10 percent of $500,000.

The bail reversal was in line with the Pennsylvania constitution, which states bail is typically prohibited in Pennsylvania for offenses such as murder.

But it was Judge Wendy L. Pew who Tuesday morning dropped all charges.

The Philadelphia District Attorney's Office said it will move to have the charges reinstated.

"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 DA's office said. "Special Investigations Unit prosecutors will be filing an appeal of this decision to the Court of Common Pleas by the end of today."

Former Philadelphia Police Commissioner Danielle Outlaw suspended Dial with the intent to dismiss him after 30 days due to Dial's violation of various department policies, such as insubordination and a lack of cooperation in the department's administrative investigation.

Dial's suspension and termination do not come from the shooting itself, Outlaw said.

Dial is a five-year veteran of the force who was assigned to the 24th District.

Video from the scene showed Irizarry sitting in the front seat of a vehicle when Dial opened fire on him.

That footage clearly refutes the initial account police gave of the shooting, which was that Irizarry, who emigrated from Puerto Rico eight years ago and has lived in Philadelphia since, was outside the vehicle and lunged at officers while armed with a knife when he was shot.

Police later recanted that story, saying Irizarry was seated in a Toyota Corolla when he was fatally shot.

While video from the scene was released by Irizarry family attorney Shaka Johnson, DA's office said released body camera footage of the Aug. 14 incident Friday.

Outlaw earlier this month announced she is resigning her role as the city's police commissioner.

According to police, the incident began at about 12:28 p.m. Monday, Aug. 14 when officers tried to stop a Toyota Corolla on B Street near Westmoreland after seeing the vehicle drive erratically.

The vehicle turned on Westmoreland, then left onto Lee Street, and finally left onto Willard Street heading against traffic, police said.

Eventually, the vehicle pulled into a parking spot in the middle of the block.

The two officers who were in a marked patrol vehicle got out and approached the Corolla.

Video showed the officers get out of the SUV, both with guns drawn.

Dial went up to the driver's side, and the other to the passenger's side, with one officer trying to open the passenger door, police said.

That officer told Dial that the driver, later identified as Irizarry, had a weapon, police said.One is heard shouting "show me your hands" and "He's got a f***ing knife" in the new video.Also heard on the video were "don't move" and "I'll f***ing shoot you" as Dial is seen running up to the driver's side window.

Irizarry did not speak English.

Irizarry, police said, turned toward Dial, and that's when Dial shot six times into the vehicle through the rolled up driver's side window and windshield, fatally striking Irizarry.

The video shows the officers shot Irizarry within 10 seconds of getting out of their patrol vehicle.

Dial and the other officer are seen in the video pulling Irizarry from the vehicle and putting him into their vehicle before driving off.

Irizarry was taken to Temple Hospital, where he was pronounced at 12:48 p.m.

Police said they found two knives in the Corolla.

According to the department, both officers had their body cameras on during the incident.