Judge reinstates murder charge against Philly police officer who killed motorist

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Judge reinstates murder charge against Philly police officer who killed motorist
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Prosecutors cited bodycam video of the fatal encounter to argue the shooting of Eddie Irizarry by Mark Dial was not justified.

FILE - This screen grab taken from police body cam video shows Philadelphia Police Officer Mark Dial with his weapon drawn at Eddie Irizarry on Aug. 14, 2023 in Philadelphia. A judge has reinstated all charges, including a murder count, against the former officer who shot and killed the driver through a rolled-up car window — a confrontation police initially described as the officer shooting the driver after he lunged at him with a knife outside the car.

Former officer Mark Dial, 27, was charged with murder, manslaughter, official oppression and four other counts in the Aug. 14 shooting death of 27-year-old Eddie Irizarry during a traffic stop. Defense lawyers argued the officer could have feared for his life because he thought Irizarry had a gun, andasking for the charges to be reinstated. The family of Irizarry, who was Hispanic, has said Dial, who is white, took an innocent life and should spend the rest of his life behind bars.

Irizarry’s aunt, Zoraida Garcia, who ducked out of the courtroom just before the ruling because she feared becoming too emotional, said, “Today, I see that justice is being served. He’s going to jail.”“I think we needed that as a family, we need that as a community, just to build up the trust, because a lot of the times it’s lost. Something like this really made us think twice,” she said.

Assistant District Attorney Lyandra Retacco, however, argued Wednesday that a trial was needed to determine what was said and by whom as well as a number of other facts in the case that are in dispute. She said the defense refers to the case as a “tragedy,” suggesting “something bad happened but nobody did anything wrong — but Mark Dial did something horribly wrong.”

Dial, a five-year member of the force, was suspended after officials said he refused to cooperate with investigators. Police said Dial was fired Sept. 18.

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