Philly DA refiles charges against former officer accused of fatally shooting man during traffic stop

Charges have been refiled by the Philadelphia District Attorney’s Office against former police officer Mark Dial, who is accused of fatally shooting Eddie Irizarry last month during a traffic stop.

The office filed a motion on Tuesday afternoon to reinstate the charges, including murder, voluntary manslaughter, and aggravated assault, just hours after a judge dismissed the case. Dial’s next court appearance is scheduled for October 25 with Judge Lillian Ransom, according to CBS News.

During the Tuesday hearing on the initial case, Judge Wendy Pew ruled that there wasn’t enough evidence to convict Dial of Irizarry’s murder after viewing footage of the August 14 incident.

Defense attorneys argued that Dial had acted in self-defense, according to Fox News.

"He is firing while trying to take cover," Dial's lawyer Brian McMonagle said, arguing that his client was afraid for his life and that the charges shouldn’t have been brought forth in the first place. "Every tragedy is not a crime." 

"I agree with you 100 percent," the judge replied.

In bodycam footage, Dial was seen approaching a stopped vehicle in a police vehicle before getting out. A voice is heard telling the driver, "I will f*cking shoot you."

At least six shots were fired into the side of the car, with police pulling Irizzary out of the vehicle and rushing him to the hospital in a police vehicle.

Authorities said the incident occurred after officers spotted a car driving erratically around noon on August 14. The officers followed the vehicle for several blocks.

The department initially claimed that the officers made a traffic stop and shot a person outside the vehicle after he "lunged at" them with a knife. Those claims were backtracked, with body camera footage showing the driver holding a knife by his leg.

Dial was released from custody on Tuesday after the charges were dismissed, according to the New York Post.

"We do not agree with the judge’s decision today to dismiss all the charges," said Karima Yelverton, with the district attorney’s office.

"We will file an appeal of this decision before the end of the day today."

Following the dismissal of the charges, a looting spree broke out across Philadelphia, with over 50 people being arrested in connection to the hours-long incident by Wednesday afternoon.

Police are also investigating an incident that occurred in Northeast Philadelphia on Tuesday night, where seven vehicles were stolen from a car lot. At least one of these vehicles has been recovered.

Lululemon, the Apple Store, and Footlocker in Center City were damaged in what police called a "coordinated attack." Around 100 people, many of whom were juveniles, reportedly gathered in Center City.