PHILADELPHIA (CBS) — Mark Dial, the officer who shot and killed Eddie Irizarry in Kensington will be fired for insubordination earlier this month, Police Commissioner Danielle Outlaw said at a news conference on Wednesday.
Outlaw said Dial would be suspended for 30 days, with the intention of terminating his employment.
The police commissioner said Dial refused to follow orders from a senior officer and was not cooperating with the police investigation. He could face additional disciplinary action if he is discovered to have violated additional policies, Outlaw said.
‘Not before the shoot. For refusing to participate in the investigation,” Outlaw said.
However, that did not go down well with Shaka Johnson, the lawyer representing Irizarry’s family.
“What they wanted to hear and what would have been appropriate and respectful to the deceased is that he was fired for these policy violations and for killing one of you, John Q. Citizen,” Johnson said.
Johnson played surveillance video of the shooting at a news conference Tuesday, showing the quick and deadly encounter. Irizarry’s lawyers also said yes intends to file a wrongful death lawsuit.
While Johnson praised Outlaw for correcting the original story and publicly leading the way, there’s more he’d like to see.
Johnson especially hoped that the police would be more open with the Irizarry family.
“I thought what she said was compassionate, as compassionate as she could be. But it wasn’t very satisfying. And that’s just the truth,” Johnson said.
The Philadelphia Police Department changed the story of the incident after reviewing body camera footage of the officers involved. Those images were not released on Wednesday.
Initial press reports about the shooting stated that Irizarry stood outside his vehicle and lunged at officers with a knife. However, police said body cam video shows that Irizarry never left his car before Dial shot him.
When asked about a potential new procedure that would involve reviewing the body’s CCTV footage before releasing a statement, Outlaw said: “I know the future means less information will be shared until we can confirm the details we’ve given you in given the past.”
Zoraida Garcia (left) and law firm of Shaka Johnson
Hours after the police press conference, the Citizens Police Oversight Commission, better known as “CPOC,” held a community meeting via Zoom. The committee supervises the investigation independently.
“The message is that they are taking this incident seriously and I think this is based on the press conference earlier today,” said Anthony Erace, interim director of the Citizens Police Oversight Commission.
More than 70 people were present and various questions were asked.
CPOC says they reviewed the Ring CCTV footage released by the family’s attorney, but it was not taken into account in their recommendation to terminate Officer Dial.
“Our recommendation was based on the evidence obtained on site and internal investigation, and the letter was prepared prior to public release,” Erace said.
CPOC also says it has reviewed CCTV footage of the incident.
The decision if and when it would be released, the Philadelphia Police Department says, is up to the district attorney’s office. District attorney Larry Krasner was asked about it Wednesday.
“We have no comment at this time,” Krasner said.
On Tuesday, Johnson said the family had not heard from Philadelphia police.
Johnson said the family has not yet seen the bodycam footage, despite asking for it.
“If someone could explain to me how saying ‘We’re sorry for your loss’ would somehow jeopardize the investigation, maybe you’re telling me something I don’t know,” Johnson said.
Johnson believes that messages like this from police would go a long way toward rebuilding trust in the community, and this is something Kenney addressed during Wednesday’s press conference.
“I think overall the community supports the police, the police support the community,” Philadelphia Mayor Jim Kenny said. “These kinds of circumstances do put us behind, but I do think we can cover and move on.”
Outlaw said police will be in touch when the time is right.
“My heart goes out to everyone involved in this,” said Outlaw. “It’s a tragedy from all sides.”
Outlaw also announced additional investigations into conflicting accounts and misinformation from police personnel about what happened during the traffic check.
The FOP is not commenting on the case, but directs all questions to Agent Dial’s attorney. Lawyers for Officer Dial and the Philadelphia District Attorney’s Office declined to comment on Wednesday’s announcement.
CBS News Philadelphia staff
