Mark Dial, a former police officer in Philadelphia, was detained in jail for almost a month. He will now await trial in connection with the shooting death of a motorist during a traffic stop. In a sharp turn of events, the District Attorney's Office on Thursday withdrew a first-degree murder charge against Dial.
The decision arrives after defense lawyers for former officer Mark Dial complained that prosecutors had not turned over an expert witness report they commissioned months ago and intended to use at trial.
Eddie Irizarry, 27, was shot and killed while inside his vehicle on Aug. 14. Dial and his partner had pulled Irizarry over. They had been informed that Irizarry may have been brandishing a weapon and should be approached with caution. Dial shot Irizarry in what he claimed was self-defense. His story has served as the backbone for the prosecution’s case against him. Dial was reciting it to a judge when the DA’s office ordered a stop to the proceedings.
The appearance of Dial has set the family of Irizarry seething. Zoraida Garcia, the decedent's aunt, unmuzzled her emotions to The Philadelphia Inquirer. "An officer,” Garcia stated (and Garcia has every reason to know), “can kill somebody here and get away with it." The experts are now involved—ideologically, if not physically—in this case. Garcia's trust in the criminal justice system was dealt a low blow when she learned that the trial's next courtroom date is not until May. The Ol' Defense will need that much time to do whatever it is that it does with its expert witnesses, and any ideologies it may have, first, to unwind the prosecution's case; and second, to wrap up its own.
At Dial's preliminary hearing, police body camera footage showed Irizarry holding a knife near his right leg as officers approached him. The officers had begun a traffic stop on a residential street after a short pursuit caused by Irizarry's erratic driving. This footage, and any imagery and story it tells, is expected to be a major part of the case against Dial, the California Highway Patrol officer who fired his weapon during a confrontation that resulted in Irizarry's death. The case continues to garner attention, drawing renewed focus on police conduct and public accountability in such situations.
https://www.law.cornell.edu/wex/expert_witness_disclosure
https://witnessdirectory.com/signup.php
