Former Philadelphia police officer Mark Dial has been charged with murder for killing a 27-year-old driver last month after surveillance footage showed him shooting him through his car window.
Mark Dial fatally shot motorist Eddie Irizarry through his car window in North Philadelphia on August 14 – just five seconds after he got out of his patrol car.
Police have now also released bodycam footage of the incident, previously seen through surveillance video from a nearby home collected by the alleged victim’s family.
Dial, who was fired a week later, has now been charged with murder, voluntary manslaughter, aggravated assault, simple assault, reckless endangering and official oppression, the DA announced.
He turned himself in to the police South Detectives division on Friday, with his lawyer claiming Dial believed he was in danger when he fired.
Former Philadelphia police officer Mark Dial has been charged with murder for killing 27-year-old driver Eddie Irizarry last month
Philadelphia police officer Mark Dial shot and killed 27-year-old Eddie Irizarry in August
Irizarry was shot dead through his car window in North Philadelphia on August 14 by Dial, just five seconds after he got out of his patrol vehicle, newly released footage shows
Bodycam footage shows Dial and his partner pull up next to Irizarry’s parked car before Dial exits his cruiser and begins shouting and the alleged victim. Seconds later he starts firing at Irizarry inside his car.
Dial’s partner is then heard saying, ‘Mark, hold on. Mark, stop,’ before instructing him to move the police cruiser.
The cops then pull Irizarry’s body out of his car and load him into the backseat of a cruiser, with Dial then driving to a hospital.
District Attorney Larry Krasner said the footage is ‘hard to watch, and Irizarry’s family chose to watch it.
‘There is always some level of trauma, especially for family members associated with watching something that is extremely violent… Regardless of the warnings, they wanted to see it, which we all understand, and we saw it.’
Police originally claimed Irizarry was ‘driving erratically’ before getting out of his car with a knife and lunging at officers.
But Shaka Johnson, the lawyer representing Irizarry’s family, released surveillance footage from a nearby home to counter the police narrative at a press conference on August 23.
In the surveillance video, taken almost opposite the scene, Dial is heard yelling ‘I will f***ing shoot you,’ at Irizarry before opening fire at near point blank range through the driver’s side window.
He is then seen firing again through the windshield as he ran backward and circled around the car.
‘Shots fired, shots fired,’ one of the officers said over police radio.
Irizarry was shot six times and could be seen in the video writhing in pain.
The officers pulled Irizarry’s body from the driver’s seat and carried him, by his arms and one of his legs, to their police van.
Dial’s lawyers said on Friday the former cop and his partner thought they saw a gun and Irizarry had made an illegal turn before the shooting happened, as reported by CBS News.
‘Fearing that he was going to be the next police officer killed in the streets of Philadelphia, he fired,’ said Dial’s lawyer Brian McMonagle.
‘What’s telling in the video is that as Officer Dial is firing, he’s taking retreat… He’s trying to retreat and trying to find cover because he believes the individual has a gun.
Irizarry was rushed to Temple University Hospital but died a short time later
Irizarry was shot six times and could be seen in the video writhing in pain
‘In no world, in no world is those facts murder. And we intend to right this wrong. This decision today puts police officers in peril at a time when they’re dealing with the most violent time in our city’s history. We intend to right this wrong and bring this young man home.’
Police said Irizarry had two knives in his car but no gun.
Johnson explained that he and the victim’s family returned to the block on which the shooting happened in search of footage themselves.
He said the narrative spun by the police was ‘an intentional misleading of the public,’ adding that he intended to file a wrongful death lawsuit against Dial and the City of Philadelphia on behalf of the family.
‘In my view,’ Johnson said, ‘this is a crime against humanity, to be perfectly truthful.’
The police department changed their account of the shooting the day after the surveillance video was released, and Dial was suspended for 30 days and then fired for insubordination.
Police Commissioner Danielle Outlaw claimed Dial was not cooperating with the investigation into the shooting and refused to obey orders from a superior.
Philadelphia Mayor Jim Kenney previously called the death ‘a tragedy.’
‘This is certainly a tragedy and my heart breaks for the family and for the loss of Mr. Irizarry,” Kenney told reporters.
Adding ‘the investigation will bring out whatever it’s going to bring out, and we’ll move on from there.’
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