Eddie Irizarry's family says Mark Dial acted “unlawfully” when he shot Irizarry multiple times at point-blank range as he sat in his car with the windows rolled up.
FILE - Philly Boricuas, a local Puerto Rican community and activism group, rallies in support of Eddie Irzarry in Philadelphia on Thursday, Aug. 31, 2023. Officer Mark Dial who shot and killed a driver who was sitting in his car turned himself in Friday, Sept. 8 to face criminal charges.
“‘I will f— shoot you” the suit quotes Dial as saying before he fired the shots in rapid succession. The bullets came so quickly, the suit says, that Irizarry had no “opportunity whatsoever to comply with any law enforcement commands to either ‘drop the knife’ or to ‘show me your hands.’” Dial’s lawyers, Brian McMonagle and Fortunato Perri Jr., did not immediately return a request for comment Thursday.
Body-worn camera shows Dial signaling to other officers that his camera is “still running.” The lawsuit alleges that Dial’s “silence is overwhelming and the obvious beginning of a conspiracy of silence and out right falsehoods in order to cover up the unlawful shooting of an innocent Philadelphian who had never been in trouble with the law in his life.”
“Simply put, the Philadelphia Police Department, including the Defendant Police Officers thought that they could unlawfully kill a Philadelphia Citizen, and cover it up,” the lawsuit said.against Dial, including first-degree murder, ruling that prosecutors had not provided enough evidence to show the fatal shooting was a crime. Irizarry’s grief-stricken family decried the decision, and around 100 people rallied outside City Hall Tuesday evening in protest.
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