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Charges Dismissed Against PPD Officer Mark Dial; DA To Appeal

The District Attorney's Office will file an appeal after a Philadelphia municipal judge dismissed the charges against Officer Mark Dial for the killing of 27-year-old Eddie Irizarry during a traffic stop last month. 

This still from PPD Officer Mark Dial's body camera footage shows the instant before he fatally shot 27-year-old Eddie Irizarry in Kensington on Aug. 14.

This still from PPD Officer Mark Dial's body camera footage shows the instant before he fatally shot 27-year-old Eddie Irizarry in Kensington on Aug. 14.

Photo Credit: Philadelphia District Attorney's Office

DA Larry Krasner said his office will file with the Court of Common Pleas to have all charges against Dial — including murder — reinstated. 

Municipal Court Judge Wendy L. Pew dismissed the charges after agreeing with Dial's defense team on Tuesday that the PPD officer acted in self-defense when he shot Irizarry dead in Kensington on Aug. 14, 6abc reported. 

"My thoughts are with Eddie Irizarry’s family and loved ones today as they continue to seek justice and answers around his death," Mayor Jim Kenney said in a statement Tuesday. 

"I trust (DA Krasner) will do everything in its power to pursue justice and accountability." 

At-large city Councilmember Kendra Brooks said she was "outraged" by the dismissal and called for a "full trial." 

Police originally claimed the 27-year-old had lunged at Dial and his partner with a knife from outside his Toyota Carolla on East Willard Street just before they killed him. 

Dial's own body camera footage later showed that Irizarry was in his car with the windows rolled up when the officer opened fire. 

"My son never approached the officer with any weapon, nor did he ever get out of the car," wrote Aransis Irizarry, who identified herself as the victim's mother on a GoFundMe last month.

"The Philadelphia police department later admits (...) that my son was innocent and never got out of the car nor try to attack either one of them."

Then-PPD Commissioner Danielle Outlaw suspended Dial "with the intention to terminate" in August after she said he refused to cooperate with the internal investigation. 

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