Philadelphia officer suspended with intent to dismiss after fatally shooting man during traffic stop: police

PHILADELPHIA - A Philadelphia police officer who opened fire during a traffic stop that left a man dead has been suspended with the intent to dismiss, according to the Philadelphia Police Department.

Mark Dial, a 5-year member of the Philadelphia Police Department, is accused of shooting 27-year-old Eddie Irizarry to death inside his car on Willard Street last week.

On Wednesday, Commissioner Outlaw announced that she has decided to utilize the Commissioner's Direct Action to suspend Officer Dial with the intention of dismissal at the end of 30 days due to "administrative violations."

Those violations include refusal to properly obey proper order from a superior officer, and failure to participate in any departmental investigation, Outlaw said during a press conference.

Police say Dial had 72 hours to tell internal affairs investigators his side of the story. He did not.

No charges have been announced in connection to Irizarry's shooting death as Outlaw says a criminal investigation is underway with the DA's office.

However, additional disciplinary charges are still possible as both the administrative and criminal investigations continue.

Outlaw also announced that the "inaccuracies" of initial reports that Irizarry was outside his vehicle at the time of the shooting are also under investigation, and that "appropriate disciplinary action" will be taken if needed.

The suspension comes after a recommendation from the Police Citizen’s Oversight Commission, who on Tuesday night formally called for Officer Dial’s termination in a short statement. 

"This agency was created for moments such as this," the statement read. "It is our responsibility to hold our police department accountable and also amplify the voices of the community."

The attorney representing the Irizarry family says Dial deserves to be fired but not only for the policy violations.

"Should he be fired for shooting your client’s brother dead in the car?" asked FOX 29’s Jeff Cole.

"Yes sir, unequivocally. Looking at you and saying yes," Shaka Johnson replied.

"Should it have happened today?" Cole followed-up.

"It should have happened today," Johnson answered.

Philadelphia police say that around noon on Monday, August 14 officers initiated a traffic stop on an erratic driver in the area of B and Erie streets. 

The driver, later identified as Irizarry, turned the wrong way down Willard Street before coming to a stop. 

Video released Tuesday shows the officers pull up alongside Irizarry’s vehicle and quickly exit the vehicle with their guns drawn. 

One of the officers makes his way over the driver’s side door, and fires into the vehicle where Irizarry was still seated.  

That officer has since been identified as Officer Mark Dial, a five-year veteran of the force. 

According to the video released Tuesday, less than 10 seconds transpired between the time the officers stepped out of their vehicle and the fatal shots being fired. 

Police have said that second officer had attempted to open Irizarry’s passenger side door when he spotted a knife, then alerted Dial that Irizarry had a weapon. 

Initial information provided by police claimed that Irizarry had gotten out of his vehicle with a knife and lunged at officers, ignoring commands to drop the weapon. By the following evening, the department changed their account of the shooting, stating that Irizarry was actually seated inside the vehicle when he was shot. 

Two knives were later observed inside the vehicle, according to police, who towed the vehicle to a garage as evidence.

The video released Tuesday also shows the officers pulling Irizarry out of the car after the shooting and loading him into their patrol car to rush him to a nearby hospital where he later died. 

Police say both officers were equipped with body-worn cameras that were activated at the time of the shooting. That footage has not yet been released.

Tuesday, Irizarry’s aunt, Zoraida Garcia stated, "If we commit a crime, we’d already be in jail. He’s still not in jail. Why? What’s going on?"

Shaka Johnson described the 27-year-old as a young man who had never had a ‘negative encounter with police’ and came to Philadelphia from Puerto Rico at the age of 19. 

Johnson says that Irizarry also did not speak English and had battled with schizophrenia for many years.

Mayor Kenney, standing behind Commissioner Outlaw Wednesday, called the shooting a tragedy, but stopped there.

"How do you react to that video that was released, you saw it?" Cole asked Mayor Jim Kenney.

"I just told you, I can’t react. It’s an ongoing investigation. No matter how many times you ask or how many ways you ask me, I can’t comment on it, because of the ongoing investigation," Mayor Kenney answered.

A funeral service for Irizarry is scheduled for Thursday.