First-degree murder charges against former Philadelphia Police Officer Mark Dial were withdrawn on Thursday, as per court documents. Dial is accused of killing Eddie Irizarry during a traffic stop a year ago this month. Initially, Dial faced first-degree murder and other charges, but a local judge dismissed the case, allowing Dial to go free. A month later, a Common Pleas Court judge reinstated the charges, leading to Dial’s return to jail.
Shocking. Philadelphia District Attorney Larry Krasner’s DA’s Office either was incompetent or intentionally shady?..
DA’s Office forced to drop 1st Degree murder charge against former Philadelphia Police Office Mark Dial.
“Why didn’t you tell them you were hiring an expert?” pic.twitter.com/vABJiv0Tdk
— Next Philly Mayor 🏆 (@nextphlmayor) August 8, 2024
The case drew attention when police initially claimed Irizarry “lunged at the officers” outside his vehicle, a statement later contradicted by video evidence. According to an initial police report, officers observed erratic driving and approached the vehicle after it parked. Moments later, an officer shot Irizarry fatally.
Police initially reported that officers commanded Irizarry to drop a weapon outside his vehicle and that he lunged at them. However, two days later, Police Commissioner Danielle Outlaw clarified that Irizarry was inside the vehicle at the time, based on body-worn camera footage. Outlaw stated the video clearly disproved the initial police report.
During a scheduling conference on Thursday, the District Attorney’s office withdrew the first-degree murder charge. Dial still faces third-degree murder and several other felony charges related to Irizarry’s death.
When questioned about the dropped charge, a spokesperson for the DA’s office said they were not allowed to comment on the case due to court restrictions.
Reports indicate prosecutors were compelled to drop the first-degree murder charge after failing to inform Dial’s attorneys about a key piece of evidence intended for trial. This evidence involves an expert witness’s report prepared for the prosecution.
With the first-degree murder charge withdrawn, Dial becomes eligible for bail. CNN has contacted Dial’s attorneys for comments and to confirm if he plans to post bail.