Judge dismisses all charges against Philadelphia police officer who fatally shot Eddie Irizarry

A Philadelphia municipal court judge on Tuesday dismissed all charges, including murder, against the Philadelphia police officer who fatally shot 27-year-old Eddie Irizarry during a traffic stop last month.

Officer Mark Dial had been charged with murder, voluntary manslaughter and five other counts stemming from the August 14 shooting in Philadelphia. The case was notable in that police initially told reporters Irizarry "lunged at the officers" while outside his vehicle, only to later admit that video disproved that assertion.

The preliminary court hearing Tuesday featured police body-camera footage and surveillance video of the shooting, as well as testimony from Dial's police partner and from a detective with the officer-involved shootings department.

The partner, officer Michael Morris, testified that he shouted "knife" when they approached Irizarry's vehicle, and the video shows he also yelled "gun." He testified he was shouting because he was afraid for his life.

In addition, the court was shown a photo of the knife in Irizarry's possession and how it was positioned in the car. The defense argued that the knife "has a handle similar to a gun handle" and could have been seen as a gun in the officers' eyes.

The prosecution argued charges of first-degree murder were appropriate because Dial approached the vehicle "with gun already drawn for a routine traffic stop."

"There's no way in this world this man committed murder," countered Brian McMonagle, Dial's defense attorney. "And every tragedy is not a crime."