Philly Black clergy and NAACP denounce dismissal of charges against former Officer Mark Dial in the shooting of Eddie Irizarry

Philadelphia’s Black clergy members and the city chapter of the NAACP on Thursday denounced a city judge’s decision to dismiss all charges — including murder — against former city Police Officer Mark Dial in the shooting death of Eddie Irizarry.

The group called Municipal Court Judge Wendy L. Pew’s decision “preposterous” and called for the charges to be refiled.

Joined by city and state officials at a news conference in West Philadelphia, they also condemned the widespread vandalism and looting that broke out on Tuesday night in response to the judge’s ruling. And they pledged to support Irizarry’s family as his relatives grapple with his death and seek justice in the courts.

“Let this go to trial. That’s what a trial is for. For somebody to dismiss it early, without all the evidence coming in, is preposterous,” said Sheriff Rochelle Bilal, who was among those who gathered to decry Pew’s decision.

Dial shot and killed Irizarry during a traffic stop in Kensington last month. Irizarry was holding a knife as he sat inside his car when Dial fired six times. Prosecutors said his use of lethal force was inappropriate and charged him with first- and third-degree murder, voluntary manslaughter and aggravated assault.

But on Tuesday, Pew ruled that prosecutors had not presented enough evidence to show that Dial’s actions amounted to a crime. She agreed with Dial’s lawyers that he was justified in shooting Irizarry because he and his partner believed he was a potential threat to them.

Dial’s lawyers said the officer thought his partner yelled “gun,” and that Dial shot Irizarry in self-defense.

The Rev. Robert Collier Sr., president of the Black Clergy of Philadelphia & Vicinity, was skeptical of that contention.

“I just can’t understand how somebody who is a trained law enforcement officer does not know the difference between a knife and a gun,” he said. “And even if he had a gun, your partner is covering him from the other side of the window. You have a weapon that is capable of firing 14 or 15 shots in seconds. This man is sitting in a car. He had the windows closed, doors closed. He had to do something in order to attack them.”

The District Attorney’s Office has appealed Pew’s decision and vowed to refile the charges. A hearing on that request is scheduled for Oct. 25.

The judge’s decision to toss the case against Dial upset Irizarry’s family and angered many in the community. On Tuesday night, the family, joined by about 100 supporters, held a peaceful protest outside City Hall. Shortly after it drew to a close, there was widespread vandalism and looting across the city that continued into early Wednesday morning.

Irizarry’s family called for calm, even as they expressed sadness and outrage over the decision.

At Thursday’s news conference, Bilal echoed interim Police Commissioner John Stanford’s characterization of those who stole from and vandalized city businesses as “criminal opportunists.”

”They’re not there because of Eddie’s family, because they protest peacefully,” she said. “They saw what happened with George Floyd. Therefore they went on the same mechanism. Drop the charges. There’s a protest. Now there’s an opportunity for them to come back and loot our city.”

State Sen. Sharif Street, who also spoke at the news conference, denounced the destruction of local businesses and said a better way to fight injustice was to vote in local elections.

“You’re going to change the system a lot more by getting engaged and casting a vote than you are by breaking a window,” he said. “And the reality is you’re making it difficult to live in your own community.”

Catherine Hicks, president of the NAACP’s Philadelphia branch, encouraged peaceful protest. The NAACP’s youth council has planned a rally on Friday to voice concerns about the decision, she said.

Destroying local businesses, she said, harms the community rather than sends a message.

“Tearing up your communities. Tearing up stores. You’re hurting your own community,” she said. “You’re taking away jobs from your neighbors and your families.”