Philadelphia officer opens fire seconds after stopping Eddie Irizarry, video shows
PHILADELPHIA (CBS) -- The Philadelphia police officer who shot and killed Eddie Irizarry opened fire seconds after shouting what may have been a warning, surveillance video of the incident showed.
The officer, Mark Dial, a member of the force for five years, is set to be fired, multiple sources told CBS News Philadelphia. He will be suspended for 30 days and then afterwards the intention is to terminate his employment.
The video contradicts the initial police account that Irizarry was outside of the car and "lunged" at officers. Police changed their account of the shooting a day after reviewing body camera footage, which has yet to be released.
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, Dial 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, Dial 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.
Attorney Shaka Johnson said the family was set to view police body cam video of the incident last Friday but alleges that invitation was rescinded by the district attorney's office, citing an ongoing investigation.
Without the ability to view the body camera video the attorneys and family sought videos from the neighborhood, Johnson said.
Johnson said because of that, his office launched its own investigation, which led them to this video.
"We'd be hypocrites if we unearthed something like this and didn't give it to the public in the way in which we asked the police to," Johnson said. "So that's exactly what we're attempting to do. We're asking for full transparency from the Philadelphia Police Department."
Philadelphia police released a statement to CBS News Philadelphia Tuesday afternoon:
"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."
Attorneys Shaka Johnson and Kevin O'Brien played the video twice as Irizarry's father and two aunts looked on wearing "Justice for Junito" T-shirts.
"This is the kind of thing that sort of pulls on the public trust of law enforcement," Johnson said. "What about what you just saw could ever be confused as he got out of a car and lunged at police officers? Not a single thing."
While police initially said Irizarry was outside the vehicle and "lunged" at police officers with a knife before being fatally shot, the footage showed Irizarry was actually seated inside the Toyota Corolla when officers approached him.
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Police said Irizarry had been pulled over after driving erratically in Kensington, including going the wrong way down a one-way street.
"You have to remember there were plenty of social media journalists out there, people had their phones out, things were being recorded live to Instagram, other social media platforms, so we got a chance to see really quickly that Eddie's driver side window was up, we knew that it had been shot through, we saw that the windshield had been shot through and we also saw that he was pulled from the driver seat of the car. So the narrative that he was out of the car, lunging at police didn't really comport with what our eyes saw from the very beginning, but we like to trust our local government," Johnson said. "When that opportunity was taken from us, we had to get up on our business ourselves and now you see why I believe, why it's the belief of our defense team, and quite frankly of the family, that is why there was an intentional misleading of the public with what had happened initially. So I respectfully reject and rebuff to attempt to clear things up that came on Tuesday."
The family and their attorneys said they want more transparency from police and called for better police training, however, Johnson does believe Officer Dial should be charged in Irizarry's death.
Philadelphia police said they have placed Dial on restricted duty but attorneys said police have not been communicating with Irizarry's family.
For Irizarry's family members, viewing the video again was a hard moment. His aunt Zoraida Garcia said her nephew was never in trouble.
"I just want him to be remembered that he was a good kid," she said. "He never was in trouble and loved his family."
"A crime took place, let's be clear -- a crime happened and they watched it, and we just sat here and we ripped the scab off again," Johnson said. "Those officers were outfitted with tasers. They had less lethal options on their duty belt. I don't see the reason for employing deadly force. … Six shots, rapid-fire at a person who rolls his window up on you and may have a pocket knife."
Johnson represented the family of Walter Wallace Jr., who was killed by police in West Philadelphia in October 2020.
In the aftermath of the police killing of Wallace, Philadelphia agreed to equip all officers with tasers.
Last week, Philadelphia Police Commissioner Danielle Outlaw addressed the issue of community trust after the details of the story changed.
"I understand and want to acknowledge the hurt and confusion that family and community members can experience when details of investigations change," Outlaw said.
The family has said Irizarry did not understand English and that likely led to confusion during the encounter.
The Philadelphia District Attorney's Office said in a statement it has been in contact with the Irizarry family through their attorneys.
"We look forward to meeting with them and their legal counsel in person, in the near future," the DA's office said in a statement. "The DA's Office intends to keep its sworn obligation to seek justice for all those involved in the fatal shooting of Mr. Irizarry, as well as for all those Philadelphians who are not directly involved but who care deeply about fairness, justice, and independence."
The DA's Special Investigations Unit is in charge of the investigation.
The attorney representing Dial said in a statement that he still has the full support of the Fraternal Order of Police. As for answers to any other questions, he replied "no comment."
Attorneys said they will share the video with police and the DA's office.
Attorney Johnson did not go into detail about what charges he believes should be brought against the officer, however, he did say the family will be bringing a wrongful death suit against Officer Dial and the city.
The Citizen Police Oversight Commission recommends Philadelphia police to fire Officer Dial in a statement Tuesday night:
"Last Monday, Eddie Irizarry was tragically killed by Philadelphia Police Department Officer Mark Dial in an incident which has raised many questions and concerns from the community. This incident has been particularly troubling due to the incorrect information that was initially reported by PPD.
The Citizens Police Oversight Commission has been actively monitoring the investigation currently being conducted by the Philadelphia Police Department. Based on information we have reviewed; we have recommended that PPD terminate Officer Dial.
This agency was created for moments such as this. It is our responsibility to hold our police department accountable and also amplify the voices of the community."
