Body camera footage shows Philadelphia officer fatally shoot Eddie Irizarry; officer charged with murder

PHILADELPHIA (CBS) -- The Philadelphia police officer seen on body camera videos fatally shooting 27-year-old Eddie Irizarry last month is charged with murder, aggravated assault and other offenses, District Attorney Larry Krasner said Friday.

Mark Dial turned himself into the police South Detectives division Friday morning, hours before Krasner and Assistant District Attorneys Lyandra Retacco and Karima Yelverton played body camera videos from Dial and his partner that showed Irizarry's final moments.

Dial is facing five charges including murder, voluntary manslaughter, aggravated assault, recklessly endangering another person, and official oppression. 

The graphic videos show Dial and his partner pull up in a police vehicle next to Irizarry, who had parked on the 100 block of East Willard Street in Kensington on Aug. 14. Dial is seen exiting the police cruiser before shouting at Irizarry to "show your hands" and adding "I will F-ing shoot you."

He then fires multiple shots at Irizarry as he sat in the driver's seat.

Irizarry's family, who intend to file a wrongful death lawsuit against the city and Dial, were shown the videos at the DA's office last week.

Krasner said the family wanted the videos made public.

"What they said to us was that they wanted the videos played in their entirety, they wanted no portion of these videos blurred," Krasner said. 

The videos are "extremely difficult to watch," Krasner warned.

"There is always some level of trauma, especially for family members associated with watching something that is extremely violent," Krasner said. "Regardless of the warnings, they wanted to see it, which we all understand, and we saw it." 

After the shots were fired, you can hear Dial's partner saying "Mark, hold on. Mark, stop." Bodycam footage shows Dial holding a gun at Irizarry as he lay still in the driver's seat.

The partner tells Dial to move the police vehicle.

Then the video shows the officers pulling a bloody Irizarry out of the Toyota and loading him into the backseat of a marked police vehicle. Dial then gets in and drives away to a hospital.

The release of the body camera footage comes after Shaka Johnson and Kevin O'Brien, attorneys for the Irizarry family, played surveillance video at an Aug. 23 news conference that contradicted the initial police account that Irizarry was outside of his car and "lunged" at officers. Police changed their account of the shooting a day after reviewing body camera footage.

Dial was suspended for 30 days with the intent to terminate his employment for insubordination. Police Commissioner Danielle Outlaw said Dial refused to obey a superior officer's orders and failed to cooperate with the department's investigation.

Dial's lawyers claimed Friday that Dial and his partner thought they saw a gun. They also claimed Irizarry made an illegal turn in his car moments before the fatal interaction with police.

"Fearing that he was going to be the next police officer killed in the streets of Philadelphia, he fired. What's telling in the video is that as Officer Dial is firing, he's taking retreat," attorney Brian McMonagle said. "He's trying to retreat and trying to find cover because he believes the individual has a gun. In no world, in no world is those facts murder. And we intend to right this wrong. This decision today puts police officers in peril at a time when they're dealing with the most violent time in our city's history. We intend to right this wrong and bring this young man home."

Police data shows the city's homicide total is 21% lower than at this time last year.

Irizarry had two knives inside his car at the time and no gun, according to police.

Dial was arraigned Friday afternoon and bail was set at $500,000. Dial posted bond later Friday.

It's still unclear from the body cam video how that original story of Irizarry getting out of the car with a knife got started. 

Both DA Krasner and Dial's defense team spoke specifically to the murder charge.

"The jury instructions support it, that the law supports it, and frankly, in my opinion, it's not even really a discussion," Krasner said.

"This individual decided to produce a weapon and that unfortunately and tragically is why he died," McMonagle said. "And to put these officers, this officer, in harm's way like this is appalling." 

Mayor Jim Kenney and Outlaw released statements on the charges and body camera videos Friday.

"I have watched the footage and I understand that it may provoke anger and upset in our communities. We ask that the public remain peaceful in demonstrations and calls for accountability as we continue to process this tragedy as a city," Kenney's statement said.

Krasner also said the family does not want Irizarry's death to result in any looting or criminal unrest in the city.

"The family repeatedly said to me, and the family's counsel repeatedly said to me, that they do not want any criminal unrest, they do not want any rioting, they do not want any looting, they do not want anyone to claim that what this video depicts or the nature of the case or the event itself justifies any criminal behavior," Krasner said. "That that would be a violation of their respect, their love and their reverence for young Eddie Irizarry."

He asked for the public to be patient as the police Internal Affairs Bureau completes its investigation.

Outlaw pledged the internal investigation would be conducted in a "fair, equitable and transparent manner."

"We will conclude our administrative investigation as soon as possible to ensure justice and closure is attained for all affected by the death of Mr. Irizarry," Outlaw said.

The Fraternal Order of Police Lodge 5, which represents Philadelphia officers, released a statement on the charges against Dial.

Officer Mark Dial has the full support of the Philadelphia Fraternal Order of Police Lodge 5 as our attorneys continue to gather all the facts surrounding this tragic incident. We ask the public to reserve judgement until all the evidence is presented during trial. Like any other individual facing allegations, Officer Dial is presumed innocent and looks forward to helping his attorneys prepare a vigorous defense against these serious criminal charges.

In:
• Police Shooting
• Pennsylvania
• Eddie Irizarry
• Philadelphia