Philadelphia police, DA's office and FOP respond after deadly Kensington police shooting video released
PHILADELPHIA (CBS) – The Philadelphia Police Department, district attorney and others are responding after attorneys released new video Tuesday that showed a police officer kill 27-year-old Eddie Irizarry in Kensington last week.
The City of Philadelphia, police and other leaders have been guarded about details surrounding the deadly police encounter. However, now, both the police commissioner and oversight board of the department have called news conferences for Wednesday. The oversight board is also calling for Officer Mark Dial, whom the department said fired the fatal shot, to be terminated.
Multiple sources told CBS News Philadelphia Tuesday night that Dial is expected to be fired. He will be suspended for 30 days and then afterward the intention is to terminate his employment. Dial was placed on restricted duty after the shooting.
Attorneys for Irizarry's family said they obtained video of the incident from a Ring camera at a home on the block where he was killed Monday, Aug. 14. They played the video for reporters in a news conference Tuesday.
The video shows Irizarry pulling up to a parking spot in his Toyota Corolla. A Philadelphia police vehicle pulls up alongside a short time later. Then an officer gets out of the vehicle, gun drawn, and while approaching the Toyota shouts at Irizarry to show his hands and may have shouted a warning about a weapon. The audio from the Ring cameras released Tuesday did not have clear audio.
Seconds later, the officer opens fire through the driver's side window and while continuing to fire, moves around to the windshield. The surveillance video then shows Dial and another officer dragging Irizarry out of the vehicle.
An attorney representing Officer Dial said in a phone interview with CBS News Philadelphia that the five-year member of the department is still supported by the Fraternal Order of Police (FOP). As for answers to any other questions, he replied "no comment."
A representative for the police union declined to take questions. As did the city council president, through his spokesperson.
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The district attorney's office was also asked for comment on the Irizarry family's claims that prosecutors reversed an invitation to view the police body camera footage.
"The Philadelphia DA's office has been in contact repeatedly and at length with the Irizarry family by communicating with their legal counsel. We look forward to meeting with them and their legal counsel in person, in the near future," the district attorney's office said in a statement.
Meanwhile, the public affairs unit of the Philadelphia Police Department has maintained a steady pattern of silence on the specifics of the investigation. In a statement, they said the release of the officer-worn body camera footage could only happen with written approval by the prosecuting attorney, meaning the DA's office.
"As with all officer-involved shootings, a full and thorough investigation is being conducted through the Philadelphia Police Department's Internal Affairs Bureau and Officer Involved Shooting Investigation Unit. While we value transparency, we must maintain the integrity of the ongoing investigations. Once our investigation is concluded, we will be able to provide additional information about this incident. Footage from BWC activated during the incident is considered evidence in ongoing investigations. Act 22 Section 67A08 (3) requires the prosecuting attorney's written approval prior to the PPD's public release of the body-worn camera videos and 911 recordings. The Police Department has not received that and is therefore prohibited by law from releasing the footage at this time," the Philadelphia Police Department said.
"As long as there is an open potential criminal investigation, the release is up to us," Larry Krasner also confirmed.
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Meanwhile, Mayor Jim Kenney and members of his press office dodged CBS News Philadelphia's Joe Holden and our attempts to question him about the new video released by attorneys for the Irizarry family. A driver for the mayor picked him up around the corner from where his motorcade is routinely parked and later passed by in his SUV.