USALife.info / NEWS / 2023 / 09 / 26 / PHILADELPHIA LAWYERS AIM TO GET MURDER CHARGE DROPPED AGAINST OFFICER WHO KILLED DRIVER DURING TRAFFIC STOP
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Philadelphia lawyers aim to get murder charge dropped against officer who killed driver during traffic stop

16:00 26.09.2023

In a shocking turn of events, the judge presiding over the case against Philadelphia police officer Mark Dial, who was seen on video shooting Eddie Irizarry last month, has dismissed all charges, including a murder count. Officer Dial had been charged with murder and several other counts in Irizarry's death after surveillance video and police body camera footage showed him opening fire multiple times as Irizarry sat in his car on a Kensington street.

Officer Dial, who had previously been fired for insubordination, was facing serious charges that could have resulted in a long prison sentence. However, Judge Wendy L. Pew cited a "lack of evidence" for throwing out the case after a preliminary hearing. This decision has caused outrage among the community and the Philadelphia District Attorney's office, who have stated that they disagree with the ruling and plan to appeal by the end of the day.

The release of the body camera footage, which contradicted the initial police account of the incident, came after attorneys representing Irizarry's family played surveillance video at a news conference. The footage showed Dial and his partner, Officer Michael Morris, pulling up in a police vehicle next to Irizarry, who had parked on the 100 block of East Willard Street in Kensington on August 14. Dial is seen exiting the police cruiser and shouting at Irizarry to "show your hands" before firing multiple shots at him as he sat in the driver's seat.

During the preliminary hearing, Officer Morris testified that they had been following Irizarry, who was allegedly driving erratically and had turned the wrong way down a one-way street before stopping. Morris claimed that Irizarry had a knife in his hand and started to raise it as the officers approached. However, there seemed to be some confusion in Morris' testimony regarding whether he initially said gun or knife.

The defense, on the other hand, argued that from Dial's vantage point, the knife had the appearance of a gun and that Dial was retreating as he fired, showing that he was not acting out of malice. They have criticized District Attorney Larry Krasner's decision to charge Dial with murder and maintain that the shooting was justified given the circumstances.

The Irizarry family, who had previously stated their intention to file a wrongful death lawsuit against the city and Dial, believe that the officer deserves a long prison sentence. Their lawyer, Brian McMonagle, told reporters, "When police officers ordered him to show his hands, he instead produced a weapon and pointed it at an armed police officer. In no world are those facts murder."

The case has sparked further controversy and raised questions about police accountability and the use of force. The Philadelphia Police Commissioner had fired Dial earlier this month for insubordination and his refusal to cooperate with the department's investigation. However, with the dismissal of the charges, it remains to be seen what consequences Dial will face for his actions.

The court docket shows that the case was closed as of Tuesday morning, but with the District Attorney's office planning to appeal, the legal battles surrounding this case are far from over. The community and the Irizarry family are hoping for justice, while the defense continues to argue that Dial's actions were justified given the circumstances he believed he was facing. As the case progresses, the outcome will have significant implications for the discussion on police accountability and the use of force.

/ Tuesday, September 26, 2023, 4:00 PM /

themes:  Philadelphia  Shooting  Pennsylvania



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