A judge in Philadelphia has reinstated a murder charge against a former Philadelphia police officer who fired his gun directly into the vehicle of 27-year-old Eddie Irizarry, just six seconds after exiting a police vehicle, killing the young Latino man.
The move overturns another judge’s decision last month to drop all charges against the ex-officer.
On Wednesday, Court of Common Pleas Judge Lillian Ransom agreed with prosecutors and reinstated all charges against Dial including murder, voluntary manslaughter, official oppression and four other counts, according to court documents.
Dial, 27, was taken back into custody Wednesday and was held without bail, which applies to all defendants charged with murder, Jane Roh, a spokesperson for Philadelphia District Attorney Larry Krasner, said Wednesday in an email.
Dial was freed from jail last month after all charges against him were dismissed when the original judge on the case decided there wasn’t sufficient evidence.
Ransom, however, said that she agreed with prosecutors that there is “sufficient questions of fact” that need to be determined by a jury, NBC Philadelphia reported.
Dial, a five-year veteran, was fired from the police department after security video released by an attorney for Irizarry’s family showed the officer firing multiple rounds at Irizarry’s car.
According to a brief filed by prosecutors for Wednesday’s hearing obtained by NBC News, prosecutors argued the case should go to trial.
Mark Dial pulled over Irizarry on Aug. 14 for driving fast and erratically, prosecutors have said.
Within only six seconds, according to prosecutors’ Wednesday brief, Dial drew his firearm before exiting his patrol vehicle, did not take cover behind the vehicle while another officer yelled “show me your hands.” Dial then walked directly in front of it with his gun in his left hand and pointed it at Irizarry while yelling, “I will fu—– shoot you.”
He then shot Irizarry five times through a closed window of a locked car door, prosecutors said.
Body camera video released by Krasner’s office corroborates much of prosecutor’s allegations.
Attorneys representing Dial could not be immediately reached for comment Wednesday night.
The defense argues that Dial could be seen moving away from the vehicle as he opened fire and believed Irizarry had a gun. Body camera video also shows that Irizarry had been holding a knife in his right hand.
Source: | This article originally belongs to Nbcnews.com
