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Philadelphia's district attorney had charged Dial with murder
and a host of other offenses for shooting Eddie Irizarry, 27,
several times. The shooting took place as Irizarry sat in his
car with the doors and windows closed after being slowly
followed by Dial and his partner through a neighborhood.
In throwing out the charges, Judge Wendy Pew of the Philadelphia
Municipal Court said she agreed "100%" with Dial's defense
attorney, who argued in court that Dial was trying to "take
cover" when he shot Irizarry, according to local news reports.
The district attorney's office said in a statement that it
planned to file an appeal with the Pennsylvania Court of Common
Pleas by the end of Tuesday.
"In keeping with our oath to seek justice, we will move to have
all criminal charges, including murder, reinstated against this
defendant," the statement said.
District Attorney Larry Krasner aired graphic body-camera
footage of Dial and his partner dragging Irizarry's limp,
blood-covered body out of his car and into a police vehicle at a
Sept. 8 press conference where the charges against Dial were
announced.
Krasner said Irizarry's death from the gunshot wounds was ruled
a homicide by the hospital where his body was taken.
In addition to murder, Krasner charged Dial with voluntary
manslaughter, aggravated assault, simple assault, recklessly
endangering another person, and official oppression.
Soon after the shooting, Dial was suspended with the intention
to terminate his employment following official statements that
he had refused to cooperate with investigators, according to
local news reports.
(Reporting by Julia Harte; Editing by Leslie Adler)
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