PHILADELPHIA (KYW Newsradio) — A "Justice for Eddie Irizarry" rally kicked off at Philadelphia City Hall just hours after a judge threw out all charges against Mark Dial, the former police officer accused in the fatal shooting of the 27-year-old.
Supporters marched through Center City holding signs, and speakers expressed outrage, calling for an end to police brutality and demanding justice for Irizarry. They also called on the Philadelphia Police Department to make changes now, after Commissioner Daniel Outlaw’s resignation, with new leadership getting ready to take over.
Earlier in the day, Municipal Court Judge Wendy Pew dismissed all charges during Dial’s preliminary hearing, citing lack of evidence. On the side of the courtroom where Dial’s supporters were seated, there were brief cheers, while on the other side, Irizarry’s family sobbed. Their reaction outside the courthouse was immediate and full of shock and anger.
“That's the reason the people in the city do what the f— they want,” said Zoraida Garcia, Irizarry’ aunt, her voice full of pain.
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“They don’t respect the cops. And now, after this murder, they not gonna respect the cops, because you just proved in Philadelphia that an officer can kill somebody and get the f— away with it.”
Garcia was particularly agitated by the judge’s reason, which she stated was a lack of evidence.
"The video was played in the courtroom. All of the videos. What is lack of evidence to you, judge? ... So you're saying that it's okay to kill? Are you saying that it's okay to murder someone because you're a police officer? Because you have a badge? No, it's not. That shouldn't be like that at all.”
She questioned the judge’s reason for throwing out the case.
“It's videos everywhere. The neighborhood, witnesses in the neighborhood, prove that my nephew did not come out of that car. He locked his doors to his vehicle. His windows was up. Where's the threat?”
And as prosecutors appealed the decision and refiled charges against Mark Dial in a higher court, Garcia vowed never to quit.
'This is a tragedy and not a crime'
Requests for comment from Fraternal Order of Police President John McNesby were rerouted to Brian McMonagle, Dial’s attorney.
“We have said from the very beginning: This is a tragedy and not a crime,” said McMonagle after Pew's decision. “The evidence that came in today was indisputable. It showed that the deceased tragically raised what appeared to be a gun.”
Irizarry did not have a gun, but there were two knives found in his car.
Dial shot and killed Irizarry on Aug. 14 after he and his partner stopped him for driving erratically, police say. Irizarry pulled over, facing the wrong way on a one-way street in Fairhill. Body camera footage shows Dial approaching Irizarry’s car and firing several shots into the rolled-up driver’s side window within seconds of arriving.
“Before there was a discharge in this case, the other officer shouted ‘gun,’ and my client thought what he clearly believed to be a gun before he fired,” McMonagle said.
“Applying laws to facts is what you must do in a courtroom. And in this courtroom today, there was justice. This should have never been charged as a crime, and we’re elated that Mark’s coming home to his family.”
'The public is right to be very deeply concerned'
When the disturbing and graphic bodycam video showing Irizarry’s killing was released to the public, the Citizens Police Oversight Commission immediately called for Dial’s termination.
That seemingly damning video makes the tossing of all charges incredulous to many people. But interim Executive Director Anthony Erace said, in a high-profile criminal case such as this, it’s not uncommon to see wild swings in decisions.
“You had the original murder charge that resulted in bail, which was unusual. Then you had the revocation of bail, and now you've had the dismissal of charges. I would be surprised if in the criminal forum this was fully over at this point,” Erace said.
Erace says it’s not over yet and, though it may be difficult, the public must be patient.
“These kinds of swings do tend to shake confidence a little bit, but the criminal justice system does tend to be a little bit messy at times. And I would say, wait for a full rendering before we make judgments.”
Erace says the public must also be watchful.
“This is the beginning of a process. I mean, I think the public is right to be very deeply concerned about what the outcome of this will eventually be. And I think that, as a city, we should all be paying attention to how this goes, because it matters to all of us.”
Erace said CPOC remains committed to the recommendation that Dial not wear a Philadelphia police uniform again.
“The bar for guilt or innocence in a criminal court is very different from the way that they are evaluated administratively. We believe that the policy violations warranted our recommendation. And we stand by that.”
'Breach of trust' between POC and police
City Councilmember Quetcy Lozada, who represents the district where Irizarry was killed, said she was stunned by the news. She has supported the family's calls for justice.
“I am in disbelief. I know that this can cause a lot of anger, and so I need to get more details as to what is happening in the case and how they got to this decision because, like everyone else, I viewed the video, and it is very clear to me what occurred on that day,” she said.
“Hopefully we will receive the justice that this family deserves.”
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Mayor Jim Kenney said Tuesday that the Internal Affairs Bureau is conducting “a full and thorough investigation,” and he remains confident the process will provide “accountability and transparency.”
Within about two hours of the preliminary hearing wrapping, District Attorney Larry Krasner refiled charges, and a hearing was scheduled for Oct. 25 in front of the same Common Pleas Court judge who revoked Dial’s bail and sent him to jail. She will now also decide if there’s enough evidence to hold Dial on murder charges.
“I trust the District Attorney’s Office will do everything in its power to pursue justice and accountability,” the mayor said.
City Councilmember-at-large Kendra Brooks released a statement applauding Krasner’s appeal.
“When it comes to holding white police officers to account for the murders of people of color, our country has a long history of failure. Philadelphians have rightly called out for a public reckoning in the case of Eddie Irizarry’s tragic death, and that reckoning cannot be achieved without a full trial for the former officer who killed him,” Brooks wrote.
She said that Pew’s ruling has denied Philadelphians the opportunity to fully understand how and why yet another person of color has died by the hand of a white police officer.
“As a Black mother and grandmother, I understand the fear that parents of color feel when their children encounter the police. I understand the collective trauma when another video surfaces of a Black or brown person being killed by a police officer. I understand why Eddie Irizarry’s family and friends have been crying out for justice.
“As we have seen with the killing of Walter Wallace, George Floyd, Breonna Taylor, and many others, incidents like the killing of Eddie Irizarry deepen our fear and trauma and widen the breach of trust between communities of color and the police.”
Brooks said she hopes a full trial can “bring some measure of justice and peace” to Irizarry’s family.
KYW's Pat Loeb and Kristen Johanson contributed to this report.