A judge in Philadelphia has reinstated a murder charge against a former Philadelphia police officer who fired his gun directly into the vehicle of 27-year-old Eddie Irizarry, just six seconds after having exited a police vehicle, killing the young Latino man.
The move overturns another judge’s decision last month to drop all charges against the ex-officer.
On Wednesday, Court of Common Pleas Judge Lillian Ransom agreed with prosecutors and reinstated all charges against former officer Mark Dial, including murder, voluntary manslaughter, official oppression and four other counts, according to court documents.
Dial, 27, was taken back into custody Wednesday and was held without bail, which applies to all defendants charged with murder, Jane Roh, a spokesperson for Philadelphia District Attorney Larry Krasner, said Wednesday in an email.
Dial was freed from jail last month after all charges against him were dismissed when the original judge in the case decided there wasn't sufficient evidence.
Ransom, however, said she agreed with prosecutors that there are “sufficient questions of fact” that need to be determined by a jury, NBC Philadelphia reported.
Dial, a five-year veteran, was fired after security video released by an attorney for Irizarry’s family showed him firing multiple rounds at Irizarry’s car.
Irizarry's family members welcomed the judge's decision.
"When I go outside I pray to God to give me strength [and] that he is incarcerated so that he pays for what he did to my nephew,” Irizarry’s aunt Zoraida García said to Telemundo Philadelphia outside the courthouse after the hearing. “And when you come out and you tell me the news, that was the best news that I’ve been given in all these months,” she said tearfully.
Prosecutors argued in a brief filed for Wednesday's hearing, obtained by NBC News, that the case should go to trial.
Dial pulled over Irizarry on Aug. 14 for driving fast and erratically, prosecutors have said.
Within only six seconds, according to prosecutors' brief Wednesday, Dial drew his firearm before he exited his patrol vehicle and did not take cover behind the vehicle while another officer yelled “show me your hands.” Dial then walked directly in front of it with his gun in his left hand and pointed it at Irizarry while yelling, “I will fu----- shoot you.”
He then shot Irizarry five times through a closed window of a locked car door, prosecutors said.
Body camera video released by Krasner’s office corroborates much of prosecutor's allegations.
Attorneys representing Dial could not immediately be reached for comment Wednesday night.
The defense argues that Dial could be seen moving away from the vehicle as he opened fire and believed Irizarry had a gun. Body camera video also shows that Irizarry had been holding a knife in his right hand.
