(Reuters) – A Philadelphia judge on Tuesday dismissed all charges against former police officer Mark Dial for fatally shooting a man as he sat in his car in August after being pursued by Dial and another police officer for alleged erratic driving.
Philadelphia’s district attorney had charged Dial with murder and a host of other offenses for shooting Eddie Irizarry, 27, several times. The shooting took place as Irizarry sat in his car with the doors and windows closed after being slowly followed by Dial and his partner through a neighborhood.
In throwing out the charges, Judge Wendy Pew of the Philadelphia Municipal Court said she agreed “100%” with Dial’s defense attorney, who argued in court that Dial was trying to “take cover” when he shot Irizarry, according to local news reports.
The district attorney’s office said in a statement that it planned to file an appeal with the Pennsylvania Court of Common Pleas by the end of Tuesday.
“In keeping with our oath to seek justice, we will move to have all criminal charges, including murder, reinstated against this defendant,” the statement said.
District Attorney Larry Krasner aired graphic body-camera footage of Dial and his partner dragging Irizarry’s limp, blood-covered body out of his car and into a police vehicle at a Sept. 8 press conference where the charges against Dial were announced.
Krasner said Irizarry’s death from the gunshot wounds was ruled a homicide by the hospital where his body was taken.
In addition to murder, Krasner charged Dial with voluntary manslaughter, aggravated assault, simple assault, recklessly endangering another person, and official oppression.
Soon after the shooting, Dial was suspended with the intention to terminate his employment following official statements that he had refused to cooperate with investigators, according to local news reports.
(Reporting by Julia Harte; Editing by Leslie Adler)
