
Updated: 3:18 p.m.
PHILADELPHIA (KYW Newsradio) — A Common Pleas Court judge has reinstated all murder charges against former police officer Mark Dial, who fatally shot Eddie Irizarry in August during a traffic stop.
Last month, a lower-court judge had dismissed charges, citing a “lack of evidence.” The decision outraged family and supporters of Irizarry.
Common Pleas Court Judge Lillian Ransom on Wednesday ruled Dial should face all murder charges. He was led away in handcuffs, following an hour of arguments from both prosecutors and the defense.
The defense argued there was no crime and that Dial fired six shots at Irizarry because he believed the 27-year-old victim had a gun. Dial’s attorney Brian McMonagle said police risk their lives every day, making a light reference to the recent shooting death of Sgt. Richard Mendez at the airport.
They called Irizarry’s death a tragedy but not murder.
“Extremely disappointed at the court’s decision. We can’t wait to go to trial,” McMonagle said. “The facts here are undeniable: Mark Dial did not commit a crime.”
Dial’s attorneys say they plan to file for the case to be moved to another county.
“You have seen what happened after the first hearing,” McMonagle said. “They vilified our judge. City Council got involved. The mayor got involved. It puts too much pressure on everybody in this system, so we want to try and get this moved to a place where Mark can get a fair trial, where governing officials in this city aren’t speaking out against him — where, you know, people are not affecting the way the criminal justice system works.”
Prosecutors argued the defense is premature in saying Dial was “justified in his use of force,” saying that a jury, not a judge, should ultimately decide whether he committed murder when he hit Irizarry with five bullets during that traffic stop.
Irizarry’s family says they are grateful Dial will face trial.
“He is where he belongs. He did murder, ambush, my nephew, because it was six seconds and six shots. As of now, very happy — and thanking God,” said his aunt, Ana Cintron.
“The fight is not over. And I am so glad that this judge was able to hear and know that there are, there’s more than reasonable doubt to go to trial. I think we needed that as a family, we needed that as a community.”
This is a breaking news story and will be updated. Stay with KYW Newsradio for the latest.