Ex-Philadelphia officer charged in Eddie Irizarry's death could be freed from jail

PHILADELPHIA (CBS) — The Philadelphia District Attorney's Office has withdrawn the first-degree murder charge against former Philadelphia police officer Mark Dial in the shooting death of Eddie Irizarry , according to sources. The change means Dial is eligible for bail and could be released as early as Thursday.

The third-degree murder charge remains, sources said.

Neither prosecutors nor Dial's defense can speak publicly because of a standing gag order issued by a judge earlier this year.

Dial is accused of shooting and killing the 27-year-old Irizarry during a traffic stop in Kensington last year.

Body camera footage showed Dial opening fire on Irizarry as he sat inside a car on Willard Street on Aug. 14, 2023.

Dial and his partner were following Irizarry, who was apparently driving erratically, officials said. Dial and his partner got out of their police cruiser after Irizarry was driving the wrong way down Willard, a one-way street.

Prosecutors said within six seconds, Dial fired five shots through the closed driver's side window.

Dial's attorneys claimed the former Philadelphia officer was threatened and that Irizarry was holding a knife in his car during the encounter. He believed he heard his partner say "gun."

Two knives were found in the car.

In September 2023, municipal Court Judge Wendy L. Pew threw out the case at a preliminary hearing , citing a "lack of evidence." Charges were reinstated against Dial one month later.

Police changed their account of the shooting soon after it took place, after reviewing body camera footage. Police initially said Irizarry was outside of his car and "lunged" at officers, but the footage showed Irizarry remained inside the vehicle with the windows rolled up during the shooting.

We have calls out to Dial's attorneys, the DA's office and the Irizarry family.

This is a developing story and will be updated.