PHILADELPHIA (KYW Newsradio) — A judge on Tuesday revoked bail for the former Philadelphia police officer charged with murder in the Aug. 14 shooting death of Eddie Irizarry in Fairhill. Mark Dial will now wait behind bars until his next hearing.
After legal arguments Tuesday in Common Pleas Court, Judge Lillian Ransom revoked the bail that was initially set for Dial when he was arrested and arraigned.
Assistant District Attorney Leandra Retacco said he should have never been let out.
“I think it is a consistent read of the law that people who are facing first degree murder, particularly at the preliminary stages, are non-bailable persons under the Pennsylvania Constitution,” Retacco said.
“If that changes with the appellate courts, or with another amendment to the Pennsylvania Constitution, then we will follow that law eventually as well.”
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After Dial turned himself earlier this month, a Municipal Court judge set bail at a half-million dollars as the defendant was arraigned on murder charges, which includes first-degree, or premeditated, murder.
He appeared before the court on Tuesday, rising quietly and smiling slightly at his supporters, even as he was escorted to jail.
“Our position from the get-go has been that the question is purely a legal one and that, if there are elements of first-degree that are alleged, and must be proven at a preliminary hearing, that those people, per the Pennsylvania Constitution, are not entitled bail,” Retacco said.
“When there are two different kinds of theories initially at the charging stage, we charge both, so that we can figure out at the preliminary hearing, like in every case, what kind of case we have as we move forward to trial.”
Dial’s attorney Brian McMonagle said the defense team is disappointed that the defendant is back in custody.
“We have every expectation that he will be out of custody as soon as we have a preliminary hearing. There is no way in this world that this is a first-degree murder case,” McMonagle said.
The affidavit of probable cause calls for a charge of voluntary manslaughter, which allows for bail to be set, McMonagle said.
“It’s never been a first-degree murder case and we fully expect when evidence is presented in a courtroom that a judge will make that decision that this is not a first-degree murder case and Mark will come home with his family. We are committed to that. We expect that,” McMonagle said.
Since bail was set for Dial, defense attorneys in Philadelphia have been requesting bail be set for their clients also facing the possibility of life imprisonment
Ransom’s ruling, however, may have reinforced an argument not to allow bail for those defendants. But Dial’s attorneys can appeal to a higher court.
A preliminary hearing for Dial is set for next week.