PHILADELPHIA (CBS) — Mark Dial, the officer who fatally shot Eddie Irizarry in Kensington earlier this month, is set to be fired for insubordination, Police Commissioner Danielle Outlaw said Wednesday at a news conference.
Outlaw said Dial would be suspended for 30 days, with the intent to terminate his employment.
The police commissioner said Dial refused to obey orders from a superior officer and failed to cooperate with the department’s investigation. He could face additional disciplinary charges if it’s discovered he violated additional policies, Outlaw said.
“Not for the shoot. For refusal to take part in the investigation,” Outlaw said.
However, that didn’t sit well with Shaka Johnson – the attorney representing Irizarry’s family.
“What they wanted to hear and what would’ve been appropriate and respectful to the decedent is he was fired for perhaps these policy violations and for killing one of you, John Q. Citizen,” Johnson said.
Johnson played surveillance video of the shooting in a news conference Tuesday — showing the quick and deadly encounter. Attorneys for Irizarry also said they intend to file a wrongful death lawsuit.
While Johnson praised Outlaw for correcting the original narrative and taking the lead in public – there’s more he’d like to see.
Specifically, Johnson hoped police would be more forthcoming with the Irizarry family.
“I found what she said to be compassionate, as compassionate as she could be. But it wasn’t very satisfying. And that’s just the truth of it,” Johnson said.
Philadelphia police changed the account of the incident after reviewing body camera footage from the officers involved. That footage had not been released as of Wednesday.
Initial news releases about the shooting said Irizarry was outside his vehicle and lunged at officers with a knife, however, police said the body camera video shows Irizarry never left his car before Dial shot him.
When asked about a possible new procedure of looking over body camera footage before releasing a statement, Outlaw said, “I know moving forward is that less information will be shared until we can corroborate those details that we have given you in the past.”
On Tuesday, Johnson said the family had heard nothing from the Philadelphia Police Department.
“If someone could explain to me how saying, ‘We’re sorry for your loss’ would somehow compromise the investigation, maybe you’re telling me something I don’t know,” Johnson said.
Zoraida Garcia (left) and Law Offices of Shaka Johnson
Johnson believes that kind of messaging from police would go a long way to rebuilding trust with the community, and it’s something Mayor Jim Kenney addressed during Wednesday’s press conference.
“I do think in general the community supports the police, the police are supportive of the community,” Philadelphia Mayor Jim Kenny said. “Circumstances like this do set us back, but I do think we’re able to cover and move forward.”
Outlaw said police will reach out when the time’s right.
“My heart goes out to everyone involved in this,” Outlaw said. “It’s a tragedy all the way around.”
Outlaw also announced additional investigations into conflicting accounts and incorrect information from police personnel on what happened during the traffic stop.
Attorneys for Officer Dial and the Philadelphia District Attorney’s Office declined to comment on Wednesday’s announcement.
