Former Philadelphia police officer Mark Dial unexpectedly takes stand at trial for murder of Eddie Irizarry
Mark Dial, the former Philadelphia police officer charged in the fatal shooting of Eddie Irizarry, told jurors at his trial Wednesday that he feared for his life when he shot and killed Irizarry in August 2023.
The shooting sparked protests and garnered national attention when surveillance camera and body camera videos were released that police leaders said contradicted Dial's initial account of what happened.
One of the key claims was that Irizarry "lunged" at Dial, but the videos showed Irizarry remaining in the driver's seat of a Toyota Corolla when Dial and his partner pulled up alongside him during a traffic stop. Police leadership revised their account of the shooting after reviewing the bodycam video.
The body camera video showed Dial standing outside the closed driver's side window, firing into the vehicle and moving around to the windshield while continuing to fire.
Dial took the stand unexpectedly in his trial on third-degree murder and other charges. His attorneys sought to cast the incident as a tragedy, not a crime.
Along with his partner, Dial exited a police cruiser after pulling up on Willard Street next to the Corolla where Irizarry was sitting. Attorneys for Irizarry's family said Dial opened fire within six seconds of exiting the patrol vehicle.
Their interactions had begun earlier, though, Dial said: He told the jury he and his partner saw the Corolla go through a stop sign and drive "erratically."
On Willard Street, Dial said he heard his partner screaming at Irizarry to show his hands. Dial said he heard his partner say, "Mark, he's got a gun."
Dial said he then screamed at Irizarry to put down the gun.
Brian McMonagle, Dial's defense attorney, asked him: "Why did you shoot?"
The former officer said he fired "because I was going to get shot in the face."
A detective who testified said two knives were recovered from the Toyota, but no gun.
In closing arguments, McMonagle said: "In this country, we don't convict people when they make reasonable mistakes."
Assistant District Attorney Clarke Beljean said this about the events leading up to the deadly encounter: "You get a fine. You get points on your license. You don't take six bullets. He didn't use proper police tactics ... outrageous."
Attorney Shaka Johnson represents the Irizarry family, and he agreed with prosecutors that this encounter should have ended much differently.
"Points on a license, maybe tow your car, if the vehicle isn't registered or insured," Johnson said. "But certainly not a death. Not a shooting. None of this. Me and the Irizarry family would have never met."
The 12 men and women on the jury deliberated for about two hours on Wednesday. They'll resume Thursday morning.
