A judge dismissed all charges Tuesday against a Philadelphia police officer who fatally shot a driver last month.
Mark Dial shot 27-year-old Eddie Irizarry through the rolled-up driver’s side window of Irizarry’s sedan during a traffic stop on Aug. 14.
Dial and his partner, Officer Michael Morris, say they had been pursuing Irizarry for driving erratically and turning the wrong way down a one-way street. Morris testified that Irizarry had a knife in his hand and had started to raise it as the officers approached.
During a hearing, Dial's lawyers argued he acted in self-defense because he believed the knife Irizarry had was a gun. Brian McMonagle, one of his lawyers, said his client was justified in shooting as he was trying to take cover and had feared for his life during the incident.
“Every tragedy is not a crime,” McMonagle said.
Initial statements from the police department said Dial shot the driver outside the vehicle after he “lunged at” police with a knife, but the department later walked back these statements.
Still, McMonagle said the charges, which included manslaughter, official oppression and four other counts, never should have been filed given the evidence.
“I agree with you 100 percent,” Judge Wendy Pew responded before tossing all charges Tuesday, per the Associated Press.
Irizarry’s relatives said they would ask District Attorney Larry Krasner to appeal Pew’s dismissal. They said that Dial “deserves a long prison sentence,” according to the AP.
Dial shot Irizarry about seven seconds after getting out of a police SUV and walking over to his car. Police body cam footage shows Dial firing a total of six rounds.
Dial is a five-year member of the force. He was suspended with the intent to dismiss after officials said he refused to cooperate with investigators and his bail was revoked earlier this month.
