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.

  • Otakulad@lemmy.world
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    1 year ago

    I hope any person who has to go to trial and this officer is called as a witness uses this as an example as to why they arent a good witness.

    “Officer, in 2023 you fatally shot a man after you said he got out of his car and lunged at you with a knife. You later backtracked on this and said he was in his car with the windows up. How can we trust what you have to say if you can’t remember what happened then?”

    • doingthestuff@lemmy.world
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      1 year ago

      There’s actually a registry of cops who have been shown to lie so that their testimony can be disregarded. I hope there’s someone out there who makes this happen for this cop.

    • AndyLikesCandy@reddthat.com
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      1 year ago

      Alas, his lawyer and the judge would agree on how inadmissable this fact will be. Enjoy getting fucked. Don’t forget to vote to make sure these assholes are the only ones people in town with guns!