Charges have been reinstated against a former Philadelphia police officer who fatally shot a civilian in August hours after a judge dismissed the case during a preliminary hearing Tuesday.
Mark Dial was charged with murder, manslaughter, aggravated assault, simple assault, recklessly endangering another person, official oppression and possession of an instrument of crime after the encounter with 27-year-old Eddie Irizarry.
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According to a press release from the Philadelphia District Attorney’s Office, during the Aug. 14 encounter, Irizarry “slowly turned onto the street going the wrong way.”
Dial and his partner approached Irizarry’s vehicle and saw him “holding a small, open folding knife on his thigh.” After Irizarry rolled down the driver’s side window, the district attorney’s office claims Dial fired six shots into the vehicle, and body camera footage showed Irizarry was hit at close range.
After being extricated from the vehicle, Irizarry was transported to Temple Hospital, where he was pronounced dead. A medical examination determined that the cause of his death was “multiple gunshot wounds.” The manner of death was listed as homicide.
During a preliminary hearing Tuesday, Judge Wendy L. Pew dismissed the case citing a “lack of evidence,” according to CBS News Philadelphia.
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Dial’s defense attorney, Brian McMonagle, told the outlet about Tuesday’s verdict: “We’ve said from the beginning — this is a tragedy, not a crime. This should never have been charged as a crime. And we’re glad that Marko is coming home to his family. ”
PEOPLE has reached out to Dial’s defense attorney for further comment.
According to a criminal file reviewed by PEOPLE, the district attorney’s office refiled charges against Dial after Tuesday’s hearing. His next hearing is scheduled for October 25.
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The Associated Press reports that Irizarry’s family “seemed stunned and distraught” after the decision to dismiss the charges was made during Tuesday’s hearing. “We will continue to fight for justice because this was wrong,” Irizarry’s cousin Aracelis Brown told the AP after the hearing.
“We’re going to keep fighting, we’re going to appeal the case and we’re going to keep fighting,” Zoraida Garcia, Irizarry’s aunt, told FOX-29. He committed a crime and must pay for the crime he committed.
Philadelphia Sheriff Rochelle Bilal and Sen. Sharif Street held a press conference Tuesday night, asking the public to “remain calm” after the charges were dropped, FOX-29 reports.
“All I’m saying today until the process is over is to stay calm, peaceful protest is what we do – it’s in our DNA – and until the process is over,” Sheriff Bilal said. “Please stay calm so we can move forward and make sure the process continues.”
Categories: Trends
Source: HIS Education