PHILADELPHIA (KYW Newsradio) — All charges, including first-degree murder, have been reinstated against former Philadelphia police officer Mark Dial for the Aug. 14 shooting death of 27-year-old Eddie Irizarry.
Prosecutors at the hourlong hearing Wednesday morning argued that all charges should be reinstated so a jury could decide whether or not this was a justified use of force.
Judge Lillian Harris Ransom decided to reinstate the charges, including first-degree murder.
Last month, a lower court judge, Wendy Pew, dismissed the charges against Dial, citing a “lack of evidence.” The decision outraged the Irizarry family and many advocates.
The 27-year-old was killed during a traffic stop in Fairhill on Aug. 14. Officials said Irizarry had been driving erratically and went the wrong way down a one-way street. Dial and another officer responded.
Surveillance video as well as body-worn camera video were released to the public, showing the deadly six-second encounter. 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.
Dial’s attorneys say his partner shouted “gun” and Dial saw Irizarry holding something with a black handle, and that’s why he fired. They say it was a reasonable use of force.
Irizarry did not have a gun, but there were two knives found in the car.
The police department initially said a knife-wielding Irizarry lunged at the officer, but then police officials backtracked and said that account was inaccurate. Videos show Irizarry inside his car during the entire encounter.
Dial, who was a Philadelphia police officer for five years, was fired after a 30-day suspension due to insubordination.
Dial's attorneys say they plan to file many more motions and also ask for a change of venue when it comes to this trial, which has happened in other cases.
This is a breaking news story and will be updated. Stay with KYW Newsradio for the latest.