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Philly police have moved to fire the officer who shot Eddie Irizarry. What happens next?

Dial was suspended with the intent to dismiss for refusing to cooperate with the department’s ongoing investigation into the shooting, Outlaw said.

Police Commissioner Danielle Outlaw  and Jim Kenney, Mayor of Philadelphia, host a press conference at the Police Headquarters on Wednesday, August 23, 2023, to discuss the death of Eddie Irizarry, who was fatally shot by a Philadelphia Police officer last week.
Police Commissioner Danielle Outlaw and Jim Kenney, Mayor of Philadelphia, host a press conference at the Police Headquarters on Wednesday, August 23, 2023, to discuss the death of Eddie Irizarry, who was fatally shot by a Philadelphia Police officer last week.Read moreJose F. Moreno/ Staff Photographer

Philadelphia Police Commissioner Danielle Outlaw announced Wednesday that she has moved to fire Mark Dial, the officer who shot and killed 27-year-old Eddie Irizarry last week in Kensington while Irizarry sat in a parked car with his windows rolled up.

Dial was suspended with the intent to dismiss for refusing to cooperate with the department’s investigation into the Aug. 14 shooting, Outlaw said, noting that the officer may face additional penalties as a result of the investigation.

» READ MORE: Officer Mark Dial, who shot Eddie Irizarry, will be fired for insubordination, Outlaw says

“We must be fair, we must be consistent with how we apply the law, and we must abide by our department’s policies and directives in order to ensure that we maintain that consistency,” Outlaw said. “We owe nothing less to the great people of this city.”

Here is what we know about Dial’s suspension, the fatal shooting, and what may happen next.

Who is Mark Dial, the officer who shot Eddie Irizarry?

Dial, 27, is a five-year veteran of the Philadelphia Police Department, assigned to the 24th District. He previously was in the 19th District in West Philadelphia.

After shooting and killing Irizarry last week, Dial was placed on restricted duty pending the outcome of an internal investigation.

He is now suspended for 30 days with the intent to dismiss after refusing to cooperate with the internal investigation of the shooting, Outlaw said.

Who was Eddie Irizarry?

Nelson Garcia, 65, grandfather of Eddie Irizarry, holds up a photo of Irizarry while building a small altar for him outside of the family’s home in the West Kensington section of Philadelphia on Aug. 16, 2023.
Nelson Garcia, 65, grandfather of Eddie Irizarry, holds up a photo of Irizarry while building a small altar for him outside of the family’s home in the West Kensington section of Philadelphia on Aug. 16, 2023. Read moreHeather Khalifa / Staff Photographer

Irizarry, 27, moved to North Philadelphia from Puerto Rico seven years ago. Known by his family as “Junito,” Irizarry worked as a mechanic and enjoyed riding dirt bikes and listening to music.

He is remembered by his family as being introverted and kind, and he did not speak or understand English. He had no criminal record, his family’s lawyer said, and struggled with schizophrenia.

» READ MORE: Eddie Irizarry’s family say they knew from the start that police lied. Now, they want accountability.

His family has called for Dial to be charged.

“We need answers. Why?” said Zoraida Garcia, Irizarry’s aunt. “Why is this officer still at home? He murdered my nephew.”

What have police said happened?

Shattered glass is visible in the drivers side window of the gold Toyota Corolla that Eddie Irizarry was driving as police investigators are on the scene in the 100 block of East Willard Street on Aug. 14. Contrary to initial statements by the police, commissioner Danielle Outlaw later said Irizarry was in his car when he was fatally shot.
Shattered glass is visible in the drivers side window of the gold Toyota Corolla that Eddie Irizarry was driving as police investigators are on the scene in the 100 block of East Willard Street on Aug. 14. Contrary to initial statements by the police, commissioner Danielle Outlaw later said Irizarry was in his car when he was fatally shot.Read moreTom Gralish / Staff Photographer

According to police, Dial and his partner — whom officials have not identified — were patrolling the 24th Police District about 12:30 p.m. on Aug. 14, when they encountered Irizarry “driving erratically” near B and Westmoreland Streets in North Philadelphia.

In a marked police cruiser, police said, they then followed Irizarry’s Toyota Corolla south for a few blocks until he pulled the wrong way onto the 100 block of East Willard Street and parallel-parked his car.

Surveillance camera footage released by a lawyer for Irizarry’s family Tuesday shows Dial and his partner then stopping their cruiser in the middle of the street, immediately drawing their guns and pointing them at Irizarry’s parked car.

“Show us your hands!” the officers yelled, according to the video.

One of the officers then said, “He’s got a f — knife.”

“I will f — shoot you,” Dial yelled as he ran to the driver’s side of the car.

According to the surveillance footage, within five seconds of exiting the cruiser, Dial shot Irizarry multiple times at point-blank range through Irizarry’s rolled-up window and front windshield.

“Shots fired, shots fired,” an officer yelled over the police radio. “Send cars, please! One hundred East Willard.”

“We’re scooping him now. I have the scene,” an officer said.

Police said Dial and his partner then dragged Irizarry from the car and carried him to their cruiser. He was rushed to Temple University Hospital and died shortly after arriving, at 12:48 p.m.

Afterward, police said they found two knives in Irizarry’s car: a kitchen-style knife and a folded serrated blade. Outlaw declined last week to say whether Irizarry was holding a knife when he was shot. Shaka Johnson, a lawyer for Irizarry’s family, said Tuesday that Irizarry carried a pocket knife that he used to strip wires and remove parts as a mechanic.

Initially, police reported a markedly different account of the shooting, saying that Irizarry had gotten out of his car with a knife and “lunged” at the officers before Dial shot him. They later said a review of the officer’s body-worn camera footage showed that Irizarry was shot while still seated in his car and never lunged with a knife.

» READ MORE: New video shows Philadelphia Police officer shot Eddie Irizarry within seconds of getting out of patrol car

During a news conference Tuesday, Johnson called the initial account: “an intentional misleading of the public.”

“What about what you just saw could ever be confused as, ‘He got out of the car and lunged at police officers’?” Johnson asked. “That was an out-and-out, flat-out lie.”

Why is Dial being suspended with the intent to dismiss?

Dial is being suspended with the intent to dismiss for failing to obey orders from a superior officer and for failing to cooperate in the departmental investigation of the shooting, Outlaw said. Dial has refused to speak with internal affairs investigators, multiple law enforcement sources told The Inquirer.

Robin Wimberly, deputy commissioner of the Office of Professional Responsibility, said Wednesday that officers involved in administrative investigations are given a warning that their statements may be used against them in criminal proceedings.

The Police Department’s investigation into the shooting is ongoing, Outlaw said, and may yield additional disciplinary charges.

What happens now that Dial has been suspended with intent to dismiss?

Dial is now immediately suspended from the police force for 30 days, with the intent to dismiss.

The police officers’ union, the Fraternal Order of Police Lodge 5, can file grievances contesting the disciplinary decision. Critics have characterized arbitration as ineffective, but the union has said the measure protects officers from unfair or hasty penalties. In 2019, The Inquirer found that arbitrators had overturned police discipline in 70% of cases over the previous eight years.

» READ MORE: Fired, then rehired

Fortunato Perri, a lawyer who represents the Fraternal Order of Police, said previously in an e-mailed statement that Dial “has the full support of the Fraternal Order of Police as we continue to review the facts and circumstances surrounding this tragic incident.”

What other repercussions will Dial face?

Outlaw on Wednesday said the department’s probe of the shooting — as well as the initial, incorrect police account — will continue, pledging a thorough and transparent investigation. Dial may face additional penalties there, she said.

The District Attorney’s Office is also conducting a criminal investigation of the shooting.

Irizarry’s family lawyer said Tuesday that he intends to file a wrongful-death lawsuit against Dial and the city on behalf of the family.

Is there body-worn camera footage of the shooting?

Yes. Police said that both Dial and his partner were wearing body cameras that were activated during the confrontation. The footage is in possession of the District Attorney’s Office and has not been released to the public or shown to Irizarry’s family. A spokesperson for the office said Tuesday that the family will be shown the footage “in the near future.”

On Tuesday, a lawyer for Irizarry’s family held a news conference showing footage of the shooting captured by a surveillance camera in the neighborhood.

Did the officers have Tasers?

Both Dial and his partner were equipped with Tasers and trained to use them, police said.

Staff writers Ellie Rushing and Rodrigo Torrejón contributed to this article.