A Philadelphia police officer who was captured on video shooting and killing a 27-year-old man has been suspended with the intent to dismiss after 30 days.
Philadelphia Police Commissioner Danielle Outlaw made the announcement during a press conference Wednesday afternoon.
“Today, I am announcing that I have made the decision to utilize commissioner’s direct action to suspended Police Officer Mark Dial with the intent to dismiss him at the end of 30 days due to administrative violations," Outlaw said. "More specifically, I chose to exercise direct action due to Officer Dial’s violations of PPD disciplinary code Article 4, insubordination, Section 4-002, refusal to promptly obey proper orders from a superior officer, and Article 1, conduct unbecoming, Section 1 – 008, failure to cooperate in any departmental investigation."
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Outlaw also noted that Dial's actions during the deadly shooting of 27-year-old Eddie Jose Irizarry are still under investigation and that his pending firing is due to him not giving an account of the incident within 72 hours, which is the department's policy.
"I want to make it clear that the investigation into the shooting itself continues, along with the administrative investigation in which there may be additional disciplinary charges in the event that Officer Dial violated additional PPD policies," Outlaw said.
The announcement comes a day after video was released of Officer Dial, 27, shooting and killing Irizarry.
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Attorney Shaka Johnson was joined by Irizarry's family during Tuesday's press conference in Center City. During the presser, Johnson showed surveillance video of what he claimed was the deadly police shooting.
"We are here this afternoon because we have asked the city of Philadelphia through the District Attorney's Office, through the city solicitor's office, to allow the family to give them the respect they are due and allow them to see the body worn camera footage privately," Johnson said. "Even if it weren't going to be released publicly, allow this family to see that privately."
Johnson said he and Irizarry's family were able to obtain surveillance video from the community after they were unable to get the body worn camera video from city officials.
"You may have heard we were initially set to see this body worn camera footage last Friday and then that was rescinded. The opportunity to see that was rescinded," Johnson said. "As a result, we're working tirelessly with this family. We had to go about things on our own and acquire video of this particular incident ourselves."
What we know about the shooting
The shooting occurred on Monday, August 14, in Philadelphia.
Investigators said Irizarry was driving the wrong way along the 100 block of E. Willard Street at 12:28 p.m. when he was pulled over by Officer Mark Dial, a five-year veteran of the Philadelphia Police Department, and his partner.
"On August 14 it appears he committed the cardinal sin of driving erratically. Which, I don't care how you unpack this, a death sentence is not called for, for erratic driving," Johnson said during Tuesday's press conference.
The surveillance video shows a car pulling up and parking on a narrow street. A few seconds later, a police vehicle pulls up next to the car and two officers get out.
When the officers approached Irizarry's vehicle, a Toyota Corolla, Philadelphia Police Commissioner Danielle Outlaw said that Officer Dial attempted to open the passenger door of the car, when his partner alerted him that Irizarry was armed.
While one of the officers is heard saying something to the other officer in the video moments before the shooting, it's unclear what exactly is being said.
The officers are also heard repeatedly saying, "show me your hands" while aiming their weapons at the vehicle. One of the officers then fires six shots at the car a few seconds later.
Police said Officer Dial fired "multiple times" and that Irizarry was hit "several" times. Irizarry's family said that he was shot six times, which is consistent with what's shown in the surveillance video.
Outlaw said that officials are not yet certain whether Irizarry knew he was being followed by police.
In the surveillance video, one of the officers then opens up the car door and pulls the driver out. Both officers then carry the motionless driver as they walk away.
Irizarry was immediately taken to a nearby hospital where he was pronounced dead at 12:48 p.m. that day, officials said.
Initially, police officials said that Irizarry was outside of the vehicle while armed with a knife and had lunged at police before he was shot. Police later said on Aug. 16 that this information was not accurate however and instead he was inside the car and simply turned when he was shot and killed. The video that was shown during the Aug. 22 press conference shows the officers firing at the vehicle only a few seconds after pulling it over. At no point was Irizarry outside of the car. It's unclear from the video whether or not Irizarry turned while in the car.
During the Aug. 22 press conference, Johnson criticized the initial account from police that they later said was inaccurate.
"When you look at this video, I want you to ask yourselves, look at it critically and ask yourselves, how, based on what you will soon see, could the narrative have ever been, this was a police chase? How could Ms. Reilly have ever taken to the podium as a spokesperson for the police department and said that Mr. Irizarry, Eddie, got out of that vehicle, wielded a knife, and I believe I heard Ms. Jasmine Reilly say, 'officers gave commands to drop the knife whilst Eddie was outside of the vehicle. He did not do that. He in fact lunged at police officers and then was shot.' We know that that is a patent lie. It is a fabrication. It did not happen that way at all," Johnson said.
Corporal Jasmine Reilly is a spokesperson for the Philadelphia Police Department who read the initial report of the shooting but was not the officer who created the actual report.
During the press conference on Aug. 16, Outlaw said investigators knew their initial story was not accurate after watching body camera footage from the officers on the scene.
"The body worn camera footage made it very clear that what we initially reported was not actually what happened," she said.
Law enforcement officials also claimed two knives "were observed inside the vehicle." Officials said these were a serrated folding knife and some type of kitchen knife. It's unclear from the video shown Tuesday whether or not there were knives inside the car.
"I would call it misinformation," Outlaw said.
Outlaw was also asked where the initial misinformation came from.
"As I stated when asked that before, that is currently under an active investigation," Outlaw said. "I, again, have questions. I have the same questions."
Outlaw also spoke more about the need for transparency.
“During last week’s presser, I assured the public that a fair and thorough investigation will take place by our department and I also pledged that our department would provide updates in a transparent and expeditious manner," Outlaw said Wednesday. "But only when we could do so in a way that would not compromise the integrity of ongoing investigations by the police department and the district attorney’s office. I stand by my words and will continue to do so as the investigations continue.”
Philadelphia Mayor Jim Kenney, who attended Wednesday's press conference, also spoke about the relationship between police and the community.
“I do think in general the community supports the police," Kenney said. "The police are in support of the community. Circumstances like this do set us back. But I think that we’re able to recover and move forward.”
Philadelphia police have not released the body worn camera footage of the shooting. They said the Philadelphia District Attorney's Office must give approval for the release of the footage under Pennsylvania law.
“Should the new procedure be moving forward that police top brass look at the body worn camera footage before putting out a statement as it relates to police-involved shootings because of what happened here?” NBC10’s Rosemary Connors asked.
“I think that makes sense,” Outlaw said. “I think moving forward, actually I know moving forward, is that less information will be shared until we can corroborate those details that we’ve given you in the past.”
On Tuesday, a spokesperson for the Philadelphia District Attorney's Office responded to Johnson's claim that the office rescinded the family's request to see the body worn camera footage.
"The Philadelphia DA’s Office has been in contact repeatedly and at length with the Irizarry family by communicating with their legal counsel. We look forward to meeting with them and their legal counsel in person, in the near future," the spokesperson wrote.
"The DA’s Office intends to keep its sworn obligation to seek justice for all those involved in the fatal shooting of Mr. Irizarry, as well as for all those Philadelphians who are not directly involved but who care deeply about fairness, justice, and independence.
We will have more to say about this situation when we can do so consistent with preserving the quality and integrity of our independent investigation."
What we know about Eddie Irizarry
NBC10 Philadelphia's Miguel Martinez-Valle spoke with Irizarry's family. They said his primary language was Spanish and that he didn't understand or speak English well. They also said he had a mental health illness. Johnson also spoke about Irizarry's mental health issues during Tuesday's press conference.
"That young man unfortunately doesn't speak a word of English and he battled with schizophrenia for many, many years," Johnson said.
Johnson said Irizarry had moved to the United States from Puerto Rico at the age of 19 and had never been in trouble with the law.
"This young man has never been arrested a day in his life," Johnson said. "He's never seen handcuffs, the inside of a jail cell. Ever in 27 years. Never had a negative encounter with police."
NBC10's Frances Wang spoke with Johnson on Wednesday following the announcement of Dial's suspension and pending firing. Johnson commended Commissioner Outlaw for coming forward and setting the record straight. He also said the police department's policy on releasing body camera footage might need to be reconsidered and that Irizarry's family deserves to know what really happened.
Johnson also said the family was relieved about Dial's pending firing but having trouble with the fact that he's currently being disciplined for insubordination rather than the deadly shooting.
Johnson also believes Dial didn't cooperate with the investigation because he's preparing for criminal charges.
Dial's attorney, meanwhile, told NBC10 his client has the full support of the Fraternal Order of Police.
Officer Dial's partner has also been placed on administrative duty.
Funeral services for Irizarry took place on Thursday at Christ & St. Ambrose Episcopal Church in Philadelphia.
