(TheConservativeTimes.org) – The Philadelphia police officer charged with last month’s shooting of a driver was taken back into custody this week after prosecutors challenged his release on bail, the Associated Press reported.
Officer Mark Dial initially surrendered to authorities on September 8 and was released after posting 10 percent of his $500,000 bail. However, prosecutors argued that the Pennsylvania Constitution ordinarily prohibits bail for charges carrying a life term or if there is evidence that the defendant could pose a threat to the community.
The 27-year-old Philly police officer is charged with murder, voluntary manslaughter, and five other counts in the fatal shooting of Eddie Irizarry on August 14.
According to prosecutors, Dial shot Irizarry after his car was spotted driving erratically. Officers followed Irizarry for several blocks before approaching the vehicle after he drove the wrong way down a one-way street and stopped.
Bodycam footage shows Dial firing through the closed driver’s side window at close range approximately 7 seconds after leaving his police vehicle and walking to Irizarry’s sedan. In the footage, Irizarry is seen holding a knife in his right hand beside his leg before he was shot. In total, Dial fired six rounds.
Dial, who served as a police officer for five years was suspended after he refused to cooperate with the investigation.
After initially claiming that the Irizarry was shot outside of the vehicle after lunging at police with a knife, the Philadelphia Police Department backtracked after reviewing the bodycam footage. Outgoing Commissioner Danielle Outlaw said the footage made it clear that what was initially reported did not happen.
Defense attorneys argue that the shooting was justified since Dial believed that Irizarry had a gun.
After Dial was charged, his attorney Brian McMonagle called the decision “appalling,” saying rather than follow police instruction to show his hands, Irizarry “produced a weapon” which he pointed at an armed officer.
In Tuesday’s hearing, McMonagle argued that the initial probable cause affidavit for Dial’s arrest listed the lead office as voluntary manslaughter rather than murder.
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