Family of man fatally shot by Philadelphia police says past year has been gut-wrenching

PHILADELPHIA (CBS) -- The family of Eddie Irizarry released balloons into the air one year after he was killed during a traffic stop along Willard Street in Philadelphia's Kensington section.

They gathered at Magnolia Cemetery in the Tacony section of the city where he is buried and said they miss him terribly.

"He was always smiling. A smile that we are never going to see again," Zoraida Garcia, Irizarry's aunt, said.

Former Philadelphia police officer Mark Dial is accused of shooting Irizarry while he was sitting in his car. Just last week, the Philadelphia District Attorney's Office dropped the first-degree murder charge against Dial.

Irizarry's family says they are frustrated with the system and said it's been a gut-wrenching, emotional roller coaster.

"It's something that is really hard to swallow," Anna Cintron, Irizarry's other aunt, said.

"The family is very upset from the decision that they made and I feel like we are not getting justice," Garcia said.

Despite the first-degree murder charge being dropped, Dial is still facing third-degree murder. The trial is next year and the family said they will continue to fight for justice.

Investigators say Dial and his partner stopped Irizarry after he was driving erratically. Prosecutors say body cam video showed Dial fired shots within seconds. Dial's attorney says he felt threatened.

Police say two knives were found in the car.

"Definitely going to keep fighting for him. And to see the video over and over. It just plays in your head and it's just frustrating," Cintron said.

As the family continues to search for answers, their lawyers say they are now suing the city of Philadelphia for a wrongful death claim.