A judge dismissed all charges Tuesday against a Philadelphia police officer who fatally shot a driver last month.  Mark Dial shot 27-year-old Eddie Irizarry through the rolled-up driver’s side wind…

A judge dismissed all charges Tuesday against a Philadelphia police officer who fatally shot a driver last month.

Mark Dial shot 27-year-old Eddie Irizarry through the rolled-up driver’s side window of Irizarry’s sedan during a traffic stop on Aug. 14.

Dial and his partner, Officer Michael Morris, say they had been pursuing Irizarry for driving erratically and turning the wrong way down a one-way street. Morris testified that Irizarry had a knife in his hand and had started to raise it as the officers approached.

During a hearing, Dial’s lawyers argued he acted in self-defense because he believed the knife Irizarry had was a gun. Brian McMonagle, one of his lawyers, said his client was justified in shooting as he was trying to take cover and had feared for his life during the incident.

“Every tragedy is not a crime,” McMonagle said.

Initial statements from the police department said Dial shot the driver outside the vehicle after he “lunged at” police with a knife, but the department later walked back these statements.

Still, McMonagle said the charges, which included manslaughter, official oppression and four other counts, never should have been filed given the evidence.

“I agree with you 100 percent,” Judge Wendy Pew responded before tossing all charges Tuesday, per the Associated Press.

  • SpeakinTelnet@sh.itjust.works
    46·
    1 year ago

    I’m curious if there’s a similar situation where a civilian shot an officer because he was scared for his life and ended being dismissed in court for self defense.

    • A_Random_Idiot@lemmy.worldEnglish
      271·
      1 year ago

      I do think theres been one or two cases where cops executed a warrant on the wrong house, and the home owner defended themselves, and not only survived but was found to have done no wrong, but I cant find the magic word combination to find anything but innumerable news stories about charges being dropped against cops.

        • A_Random_Idiot@lemmy.worldEnglish
          50·
          1 year ago

          Remember.

          Cops can be terrified, hyper reactionary cowards who jump to lethal force over every imagined crinkle of leaves, and we must have understanding about how hard things are for them.

          Bu non-police must be calm, collected, highly trained, vigilant and absolutely stoic in the most extreme, and must execute a detailed 5 page analysis on the situation before they can dare to act, because they should know better.