Rekubit-Charges refiled against ex-Philadelphia officer who fatally shot man after judge dismissed case

Charges against a former Philadelphia police officer who fatally shot a 27-year-old driver during a traffic stop last month were refiled Tuesday just hours after a judge dismissed the case.

Mark Dial had been charged with murder,Rekubit voluntary manslaughter, aggravated assault, simple assault, reckless endangering of another person, and official oppression in connection with the fatal shooting of Eddie Irizarry on Aug. 14 in Philadelphia. The incident had drawn national attention and scrutiny after police initially said Irizarry got out of his vehicle and "lunged at the officers" with a knife, only to later walk back on their narrative.

Body camera footage contradicted the police account, showing Dial shoot through a rolled-up window of Irizarry's vehicle seconds after exiting his police car. Municipal Judge Wendy Pew agreed with the defense's argument that Dial had acted in self-defense and dismissed all his charges.

Family and supporters of Irizarry were distraught by the judge's decision. About 100 people peacefully gathered outside City Hall to protest and march against the decision on Tuesday evening, The Philadelphia Inquirer reported.

"We are going to continue to fight for justice, because that was wrong," Irizarry's cousin Aracelis Brown, 28, told The Associated Press after the hearing.

Prosecutors said they would plan to appeal. By Tuesday afternoon, The Philadelphia District Attorney's Office filed a motion to reinstate the charges, according to a criminal docket.

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Officer's defense attorneys argue self-defense

During Tuesday's preliminary hearing, defense lawyer Brian McMonagle argued that Dial acted in self-defense when he fired his weapon at close range. Dial, according to his defense attorneys, thought Irizarry had a gun and feared for his life.

But police did not report finding a gun in Irizarry's vehicle. Authorities said they later found a kitchen-style knife and a serrated folding knife inside his car. 

Body camera footage showed Dial and another officer, Michael Morris, driving in a police SUV. The officers had pulled Irizarry over on a residential street after following Irizarry for "driving erratically."

Morris testified that they started following Irizarry after he sped past them in a bike lane and rounded a corner. But the officers did not flash their lights and sirens, and instead sent in information about Irizarry's vehicle.

The officers are then seen drawing their weapons and approaching Irizarry's vehicle on foot. And within seconds, Dial warns Irizarry he will shoot him and fires his weapon through the driver’s side window six times.

Morris added he saw Irizarry holding a weapon, that could have looked like a gun but was a a knife with a black metal handle. He said Irizarry started to raise it as Dial approached the vehicle. "I screamed that he had a knife," Morris testified.

"He is firing while trying to take cover," McMonagle said in court, urging Pew to drop all of Dial's charges.

"I agree with you 100%," the judge replied, throwing out the case for lack of evidence.

Irizarry's family members said police should not need to fatally shoot someone for driving erratically or acting irrationally.

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Body camera footage contradicts police's initial statements

Initial statements from police said Irizarry had lunged at Dial with a knife outside the vehicle which led to the shooting.

"You're sitting here telling me that he was trying to lunge at you. He was not. He was locked in the car. So there was no way that he could get to you guys, and yet you still felt threatened and shot at him," Brown said.

Dial, who has been on the force for five years, was suspended with intent to dismiss last month, for refusing to obey orders and cooperate with investigators, Philadelphia Police Commissioner Danielle Outlaw previously said. He was then fired on Sept. 18.

The officer's bail was revoked last week after prosecutors said his charges made him ineligible for release. Dial was released later Tuesday, McMonagle said.

Contributing: N'dea Yancey-Bragg, USA TODAY; The Associated Press