Judge Reinstates Murder Charge Against Former Philly Officer That Another Judge Dismissed
Defense lawyers argued the officer could have feared for his life because he thought the driver had a gun, and a municipal court judge dismissed the case last month for lack of evidence.
A judge on Wednesday reinstated all charges, including murder, against former Philadelphia Police Officer Mark Dial.
Common Pleas Court Judge Lillian Ransom ruled after a hearing that the facts of the case should be established at a trial.
Dial, who bowed his head after Judge Ransom issued her ruling from the bench, was taken into custody without bail, 6ABC reports.
Dial was charged with murder, manslaughter, official oppression and four other counts in the Aug. 14 shooting death of 27-year-old Eddie Irizarry during a traffic stop. Defense lawyers argued the officer could have feared for his life because he thought Irizarry had a gun, and a municipal court judge dismissed the case last month for lack of evidence.
Dial and his partner have said they followed Irizarry's car after it sped past them in a bike lane and rounded a corner, going the wrong way on a residential street. Police body camera footage showed Dial firing a total of six rounds about seven seconds after getting out of a police SUV and walking over to the sedan. The footage also showed Irizarry holding a knife near his right leg.
Dial's partner, Officer Michael Morris, previously testified that he saw the driver holding a knife with a black metal handle that could have looked like a gun.
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