PHILADELPHIA (KYW Newsradio) — The Philadelphia District Attorney’s Office has tossed first-degree murder charges against Mark Dial, the former Philadelphia police officer accused of fatally shooting a man while he was sitting in his car last year.
Prosecutors had planned to call to trial an expert on the use of police force, but a judge ruled they did not give proper notice to Dial’s defense attorneys about the expert or their report. All expert testimony and evidence from both sides must be passed to each other under federal law.
As a result, prosecutors agreed to toss the first-degree murder charge — a formal action known as nolle pros — and move the trial date so defense attorneys would have more time to prepare and use the expert.
Dial, who was a Philadelphia police officer for five years, shot and killed Eddie Irizarry on Aug. 14, 2023. Irizarry had been driving erratically and went the wrong way down a one-way street in Fairhill, police said. Dial and another officer responded. 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. Irizarry was struck several times and taken to the hospital, where he died.
Investigators said Irizarry had a knife by his leg inside the car. Defense attorneys have said that Dial believed it was a gun because of the black handle, and that’s why he fired.
In September 2023, a judge in the lower court dismissed all charges against Dial — only to be reinstated a month later by another judge in Common Pleas Court.
Last month, another judge ruled Dial’s trial will be held in Philadelphia, denying the defense’s request to move it to another county so an outside jury could decide his fate. Defense attorneys argued there’s been too much media attention and they would not get a fair trial.
Dial was released on bail on Thursday, posting 10% of $200,000.
Dial still faces charges of third-degree murder, voluntary manslaughter and aggravated assault. A trial is scheduled for May of next year.
A gag order is now in place, meaning those involved in the case cannot speak on the matter.