A judge has dismissed all charges, including murder, against a Philadelphia cop over the shooting of Eddie Irizarry.
Municipal Court Judge Wendy Pew dismissed the case against former Philadelphia police officer Mark Dial on Tuesday during a preliminary hearing.
Dial had been charged with murder, voluntary manslaughter, aggravated assault, possessing an instrument of crime, simple assault, reckless endangerment of another person, and official oppression.
Judge Pew sided with Dial’s defense, who argued that the August 14 shooting was justified because he believed his and his partner’s lives were in danger.
In the moments leading up to the fatal shooting, Dial shouted, “I will [expletive] shoot you,” before firing six rounds into Irizarry’s vehicle.
Irizarry had held up a weapon that Dial’s partner believed to be a gun, but was later determined to have been a knife.
Dial’s attorney Brian McMonagle said, “Before there was a discharge in this case, the other officer shouted gun, and my officer thought what he clearly believed to be a gun before he fired. There’s no doubt about the fact that he believed it was a gun.”
“The undisputed facts of the case are that an individual made an illegal turn right in front of police officers, took off at a high rate of speed, and then tried to evade officers by going down a one-way street the wrong way, tried to hide from them,” McMonagle told reporters earlier this month, according to the ABC report.
“And when police officers ordered him to show his hands, he instead produced a weapon and pointed it at an armed police officer,” he added.
The Philadelphia District Attorney’s Office disagreed with the ruling and has refiled the criminal complaint against Dial.
“In keeping with our oath to seek justice, we will move to have all criminal charges, including Murder, reinstated against this defendant,” the office said in a statement following the hearing, according to a report from ABC News.
Philadelphia Sheriff Rochelle Bilal and state Sen. Sharif Street urged the community to “remain calm” after the charges were dropped.
“I know people in the community are upset — rightfully so,” Street said. “People want to know how can there be justice.”
“We need people to remain calm because the district attorney is still committed to making sure that this process continues and there’s justice and that this act is not left unchecked,” he continued.
Philadelphia police are putting down looters who are rioting hours after a judge dismissed all charges against officers who shot and killed 27-year-old Eddie Irizarry in self defense. pic.twitter.com/PBOAYhlBNO
— Citizen Free Press (@CitizenFreePres) September 27, 2023
Wild scenes coming out of Philadelphia.
Police scanners confirm mass looting across the city hours after a judge dismissed charges against officers who killed 27-year old Eddie Irizarry in self defense. pic.twitter.com/GZhlU5Y3X5
— Citizen Free Press (@CitizenFreePres) September 27, 2023
There was mass looting in Philadelphia on Tuesday evening.
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