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Last month, Philadelphia's district attorney had charged Dial
with murder and a host of other offenses for shooting Eddie
Irizarry, 27, several times after Dial and another officer had
slowly followed him through city streets. Police said Irizarry
had been driving erratically.
A few weeks later, Judge Wendy Pew of the Philadelphia Municipal
Court dismissed the charges, citing a lack of evidence and
agreeing with Dial's self-defense argument.
Prosecutors appealed to the Pennsylvania Court of Common Pleas,
where Judge Lillian Ransom agreed at a hearing on Wednesday to
reinstate the charges and ordered Dial to be taken into custody
without bail, according to CBS News and other outlets.
The district attorney's office declined to comment. A defense
lawyer for Dial did not immediately respond to requests for
comment.
Video from officers' body-worn cameras showed Dial leaving his
car yelling with his gun drawn and within about 10 seconds
shooting Irizarry several times as Irizarry sat in his car with
the doors and windows closed. Police had falsely said Irizarry
had left his car and lunged at officers before the department
admitted that was not the case.
His death was ruled a homicide from gunshot wounds.
Dial was suspended with the intention to terminate his
employment by the Philadelphia Police Department. He has been
charged with murder, voluntary manslaughter, aggravated assault,
simple assault, recklessly endangering another person, and
official oppression.
Dial, through his lawyers, has said he was justified in firing
his gun at Irizarry because he feared for his own life. His
lawyers have argued that a knife in Irizarry's car had a handle
that resembled that of a gun.
The victim's family say Irizarry, who grew up in Puerto Rico,
used the knife in his job as an auto mechanic, CNN reported.
(Reporting by Jonathan Allen; Editing by Bill Berkrot)
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