Philly Cop Charged With Murder In August Shooting Of Eddie Irizarry

PHILADELPHIA — Murder and related charges were filed against the Philadelphia Police officer who shot and killed a 27-year-old man with schizophrenia in mid-August.

The Philadelphia District Attorney's Office announced Officer Mark Dial is charged with first-degree murder, voluntary manslaughter, official oppression, recklessly endangering another person, and simple assault.

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

"The allegations brought against defendant Mark Dial today are among the most serious in our criminal legal system and are the culmination of weeks of investigative work by the PPD Officer Involved Shooting Investigation team, PPD Internal Affairs, and the independent review of the dedicated public corruption prosecutors in the DA’s Office,” District Attorney Larry Krasner said. "As they do in all criminal proceedings, our Special Investigations Unit will continue to seek the truth of what happened on August 14th and what led to the killing of Mr. Irizarry, who was shot to death in his vehicle with the windows up. This Philadelphia District Attorney's Office stands for even-handed justice, regardless of pressure to favor members of any group."

The five-year veteran of the force who was assigned to the 24th District turned himself in to police Friday morning to face murder charges in connection with the fatal shooting.

"I recognize that no action that we take as a City can bring him back, but I am confident that the District Attorney’s Office is working toward justice for Mr. Irizarry and his family," Mayor Jim Kenney said. "We know that residents are looking for answers. As new questions arise after the release of this footage, we ask for patience as a full and thorough investigation is being conducted through the Philadelphia Police Department’s Internal Affairs Bureau. I am confident that this process will provide for additional accountability and transparency of this incident."

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.

Philadelphia Police Commissioner Danielle Outlaw said Dial was suspended with the intent to be dismissed after 30 days of the suspension.

But the suspension was not due to the shooting of Irizarry.

Rather, Outlaw said the suspension and termination are due to Dial's violation of various department policies, such as insubordination and a lack of cooperation in the department's administrative investigation.

"While the criminal investigation by our department's Officer Involved Shooting Investigation Unit has concluded, the administrative aspect of our investigation remains underway with Internal Affairs," Outlaw said Friday. "We will conclude our administrative investigation as soon as possible to ensure justice and closure is attained for all affected by the death of Mr. Irizarry."

Outlaw earlier this week 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 new 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.

The DA's office said the other office in the incident has not been charged.