Former Philadelphia officer Mark Dial's attorneys want his murder trial moved out of city, sources say
PHILADELPHIA (CBS) -- Attorneys for former Philadelphia police officer Mark Dial, who's facing first-degree murder charges, have requested a judge to move his trial outside the city, sources said on Thursday. The judge hasn't made a ruling yet on the request.
Dial is facing charges of first-degree murder, voluntary manslaughter, aggravated assault, simple assault, recklessly endangering another person and official oppression in the shooting death of Eddie Irizarry in Kensington in August 2023.
Body camera footage showed Dial opening fire on Irizarry as he sat inside a car on Willard Street in Kensington on Aug. 14.
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 said the former Philly 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 after they were dismissed.
Last year, police changed their account of the shooting a day 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.
Dial is currently being held without bail.