Ex-Philadelphia police officer Mark Dial released from jail after DA withdrew 1st-degree murder charge
PHILADELPHIA (CBS) — The Philadelphia District Attorney's Office has withdrawn the first-degree murder charge against former Philadelphia police officer Mark Dial in the shooting death of Eddie Irizarry, according to sources. Dial was released at 3:30 p.m. from a Bucks County jail after he posted bail, sources said.
Dial posted 10% of his $200,000 bail. His third-degree murder charge remains, sources said. The trial for Dial has also been pushed back. It won't happen until at least May of next year.
Neither prosecutors nor Dial's defense can speak publicly because of a standing gag order issued by a judge earlier this year. However, sources claim the DA's office never provided Dial's defense team with information about the existence of an expert report.
Attorneys for Irizarry's family said they are deeply frustrated by Thursday's decision to withdraw the first-degree murder charge.
Family members declined to speak directly with CBS News Philadelphia, but their attorneys had a lot to say following a hastily called meeting with Philadelphia District Attorney Larry Krasner.
"He just rested on, 'I'm really sorry, I can't inform you what happened," Shaka Johnson, an attorney for the Irizarry family, said, "Unfortunately, we're going to have to let that bear out in the criminal process."
Attorneys say the family was unaware a hearing was even happening Thursday morning when first-degree murder was taken off the table.
"On that, I think Mr. Krasner has to take that on the chin," Johnson said. "Because of a lack of communication, there's a certain way this could have been done. This conversation could have been done before today, and the family might have felt a bit different."
The Irizarry family lawyers say they're now suing the city of Philadelphia for a wrongful death claim.
"It does nothing to deter our pursuit of civil justice across the hall at City Hall," Kevin O'Brien, another attorney for the Irizarry family, said.
Dial is accused of shooting and killing the 27-year-old Irizarry during a traffic stop in Kensington last year.
Body camera footage showed Dial opening fire on Irizarry as he sat inside a car on Willard Street on Aug. 14, 2023.
Officials said Dial and his partner were following Irizarry, who was apparently driving erratically. Dial and his partner got out of their police cruiser after Irizarry was driving the wrong way down Willard, a one-way street.
Prosecutors said within six seconds, Dial fired five shots through the closed driver's side window.
Dial's attorneys claimed the former Philadelphia officer was threatened and that Irizarry was holding a knife in his car during the encounter. He believed he heard his partner say "gun."
Two knives were found in the car.
In September 2023, municipal Court Judge Wendy L. Pew threw out the case at a preliminary hearing, citing a "lack of evidence." Charges were reinstated against Dial one month later.
Police changed their account of the shooting soon after it took place after reviewing body camera footage. Police initially said Irizarry was outside of his car and "lunged" at officers, but the footage showed Irizarry remained inside the vehicle with the windows rolled up during the shooting.