this post was submitted on 26 Sep 2023

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278

Charges dropped against Philadelphia officer who fatally shot Eddie Irizarry at traffic stop (thehill.com)

submitted 1 year ago by geosoco@kbin.social to c/news@lemmy.world

55 comments fedilink hide all child comments

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.

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[–] skweetis@kbin.social 116 points 1 year ago* (last edited 1 year ago) (1 children)

What the actual fuck?! When I read this story a month ago I was furious because they claimed he was out of the car and lunging at them with a knife when they shot him through a closed car window. Mistaking someone for being out of the car and lunging at you when they are inside the car with the window rolled up is not the same as (claiming to) think a knife is a gun. So, you get to lie about what you were scared about and then revise your lie to something more plausible later on? So much fucking bullshit.

Also, it should be noted that the police only "walked back" the statement about him being out of the car when the family went door to door and found ring cam footage that he was in the car. And they had to do this because the police wouldn't share body camera footage with the family.

[–] PsychedSy@sh.itjust.works 20 points 1 year ago (1 children)

It's just accepted that they lie on police reports at this point.

[–] sock@lemmy.world 6 points 1 year ago

they employ fiction authors to write the reports so they seem more fun and action packed

[–] A_Random_Idiot@lemmy.world 87 points 1 year ago (1 children)

“Every tragedy is not a crime,” McMonagle said defending a criminal murderer who totally done did a criminal murder.

[–] be_excellent_to_each_other@kbin.social 42 points 1 year ago* (last edited 1 year ago) (2 children)

How is it possible that there is zero legal consequence for this: "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."

I highlight this because I would struggle to think of a controversial case where video confirmed police statements about what happened (the only one I can think of is that poor young girl with the knife in Ohio), but time after time after time we see police statements later proven to be blatant falsehoods and it seems to not matter whatsoever. (Walter Scott is the first example that penetrated my consciousness, but I know there have been many more.)

Why is there no consequence (ever, as far as I can tell) for police fabrication of events?

[–] A_Random_Idiot@lemmy.world 25 points 1 year ago* (last edited 1 year ago)

because cops have a literal history of rioting and murder when you try to hold them accountable.

So the only time anything ever gets done is when its caught on 3rd party camera and creates so much ruckus that the police officer is sacrificed to protect the greater corruption of the department and their political pawns.

[–] Johanno@feddit.de 4 points 1 year ago

It seems like the US is not a state of democracy anymore. Because if the law does not include the law enforcement you basically only one step away from dictatorship or similar.

[–] squirrelwithnut@lemmy.world 71 points 1 year ago (38 children)

If a police officer can't tell the difference between a knife and a gun, they shouldn't be a police officer.

[–] blueeggsandyam@lemmy.world 49 points 1 year ago

It is worse than that. They can’t tell if a person is inside a car or outside a car lunging at them. They clearly lied to cover up their incompetence. This person should not be a cop.

[–] MaxPow3r11@lemmy.world 4 points 1 year ago

No one should be (unless they want to violently uphold a white supremacist system while pretending they are "protecting" people).

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[–] AbouBenAdhem@lemmy.world 58 points 1 year ago (1 children)

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.

Departments lying about officer-involved shootings should be a separately-prosecutable crime.

[–] OutlierBlue@lemmy.ca 27 points 1 year ago (1 children)

Something about lying under oath, or making false reports maybe.

[–] Instigate@aussie.zone 27 points 1 year ago

I’d call it Gross Misconduct in Execution of Government Duties - minimum sentence is a permanent dismissal from all government roles (at all levels) along with a major fine that can be taken from a government pension fund and goes directly to victims. Aggravating circumstances (lying about the death of a civilian, multiple lies compounded upon one another etc.) should come within minimum jail time. Cops should always be afraid of saying or doing the wrong thing. Only then do we get them on their best behaviour.

[–] Otakulad@lemmy.world 53 points 1 year ago (2 children)

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 24 points 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 15 points 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!

[–] SpeakinTelnet@sh.itjust.works 48 points 1 year ago (2 children)

I'm curious if there's a similar situation where a civilian shot an officer because he was scared for his life and ended being dismissed in court for self defense.

[–] A_Random_Idiot@lemmy.world 26 points 1 year ago (1 children)

I do think theres been one or two cases where cops executed a warrant on the wrong house, and the home owner defended themselves, and not only survived but was found to have done no wrong, but I cant find the magic word combination to find anything but innumerable news stories about charges being dropped against cops.

[–] be_excellent_to_each_other@kbin.social 17 points 1 year ago

Actually of all people Breonna Taylor's boyfriend.

Also that guy in Minneapolis.

I'm as F12 as you can get, but it does happen. Of course, you have to live first, which is unlikely when you defend yourself against cops.

[–] who8mydamnoreos@lemmy.world 29 points 1 year ago

Keep denying justice to people and they will start to take it upon themselves to see it done. I personally don’t want to see lynch mobs, but if a few pigs have to swing for them to get the message they brought it on themselves

[–] Jaysyn@kbin.social 22 points 1 year ago (1 children)

Time for the Feds to swoop in & charge this asshole as they did for Breona Taylor's murderers.

[–] girlfreddy@sh.itjust.works 8 points 1 year ago

I hope the prosecution files an appeal but I also won't hold my breath on that happening.

#ACAB

[–] Krauerking@lemy.lol 1 points 1 year ago

Holy fucking fuck! Fuck this shit and fuck that piece of shit pig!

FUCKING CHRIST! JUST FUCKING THROWING OUT THE CASE WHERE HE MURDERED A MAN THROUGH A CAR DOOR THAT FUCKING OPENS OUTWARDS?!! THEN FUCKING LIED AND LIED ABOUT FUCKING LYING!!

Fuck you Wendy Pew I hope he'll is real just so you rot in it and maybe I can meet you in it to make your afterlife a little bit worse.

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