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.

  • A_Random_Idiot@lemmy.world
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    1 year ago

    “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
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      1 year ago

      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
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        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
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        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.