Former Philly officer Mark Dial's first-degree murder charge dropped
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Photo illustration: Brendan Lynch/Axios. Photo: Department of Justice
Prosecutors are abandoning a first-degree murder charge against former Philadelphia police officer Mark Dial in the shooting death of Eddie Irizarry, per the Inquirer.
The big picture: The decision is the latest twist in a case that drew protests and calls for justice in the city after a judge initially tossed all charges against Dial last year. Another judge later reinstated the charges, after ruling a jury should decide the case.
- The District Attorney's withdrawal of the highest charge this week paves the way for Dial's release from jail and means he'll no longer face the possibility of a life sentence if convicted.
Driving the news: A judge on Thursday agreed to postpone the September trial until May 2025 and release Dial on bail to await the new date.
- The decision follows a dispute about key evidence that prosecutors want presented to a jury in the case.
Between the lines: Prosecutors didn't tell Dial's attorneys until this week that they hired an expert to opine on whether Dial violated the state's use-of-force law by shooting Irizarry during last year's encounter in Kensington.
- That gave Dial's attorneys little time to mount a defense so prosecutors reached a compromise — at the judge's urging — allowing them to present the expert in exchange for dropping the first-degree murder charge and instead proceeding on a third-degree murder.
What they're saying: Common Pleas Court Judge Glenn Bronson lambasted prosecutors at a hearing for sitting on their expert "for 10, 11 months."
- The District Attorney's Office and Dial's attorneys declined Axios' requests for comment, citing a gag order issued by the judge in the case.
Catch up quick: Body camera footage from the August 2023 shooting shows Dial arriving at the scene after reports of Irizarry driving erratically. Within seconds of exiting his police cruiser, Dial shoots Irizarry, who's seated in a car.
- Police initially said Irizarry lunged at Dial with a knife, but video shows Irizarry inside the vehicle holding a knife pressed to his thigh when shot.
- A judge recently denied Dial's request to relocate the case to another county after his attorneys argued he couldn't receive a fair trial in Philadelphia.
What we're watching: Dial's attorneys told the Inquirer they expected their client to post bail later Thursday.