Murder charge dropped against police officer who shot dead motorist Eddie Irizarry
Officer Mark Dial will still face trial for other charges
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Authorities have dropped a murder charge against a former Philadelphia police officer who fatally shot a man in his car about a year ago.
The Philadelphia District Attorney’s Office removed the charge against 28-year-old Mark Dial on Thursday in the shooting of Eddie Irizarry, 27, on 14 August 2023, CNN reported. After the charge had been dropped, Dial became eligible for bail.
A Common Pleas Court judge had moved to reinstate all charges against the ex-cop in 2023, which included murder, manslaughter, official oppression and four other counts after a Philadelphia judge threw the case out.
The District Attorney’s Office withdrew the first-degree murder charge on Thursday. Dial had previously argued that he acted in self-defense during the shooting.
In the body-worn camera footage, Irizarry is seen holding a knife close to his right leg as an officer approaches his vehicle during the August 2023 traffic stop.
After walking over to the car, Dial fired six rounds at Irizarry at close range. Police had previously said that Irizarry “lunged at” an officer with a knife, prompting the officer’s actions. Police officials later walked those statements back.
Dial’s attorneys had previously requested to move the trial out of Philadelphia. A judge denied the request stating that there was no evidence that the man could not get a fair trial in the city.
Dial’s trial on the murder charge was scheduled for September. A trial for the charges of manslaughter, official oppression and others is now scheduled to take place in May 2025.
Kevin O’Brien, an attorney representing Irizarry’s family, told reporters following the development that the District Attorney’s Office could not tell him why the charge had been dropped due to a gag order in the case.
“I can tell you this, the decision, whatever it is, is very frustrating for the family, and it does nothing to deter our pursuit of civil justice across the street at City Hall,” he said.
Following the shooting, the family filed a wrongful death lawsuit against the Philadelphia officer responsible for the man’s death.