Newly released security footage shows a Philadephia officer fatally shooting a man inside his car seconds after police pulled up next to his vehicle, contradicting the department’s claim that the man had lunged at police.
The video was released Tuesday by an attorney representing the family of Eddie Jose Irizarry, 27, who was shot and killed in Philadelphia on Aug. 14.
Irizarry, who moved from Puerto Rico when he was 19 and spoke very little English, was driving erratically and pulled over, attorney Shaka Johnson said at a news conference Tuesday where he played Ring camera footage that captured the deadly encounter.
The video shows Irizarry haphazardly pulling into a parking spot, running over a cone. A police vehicle pulls up right behind him and two officers hop out, the video shows. The officers are heard repeatedly yelling, “show me your hands,” as they aim their weapons at Irizarry’s car. One of the officers then fires multiple shots at the car a few seconds later, the video shows. Police identified him as Officer Mark Dial and said he is on restrictive duty.
One of the officers opens the driver’s side door and pulls Irizarry out. Both officers carry him out of the frame of the video.
Irizarry was taken to the hospital where he was pronounced dead, police said.
‘A death sentence is not called for’
Johnson said Irizarry should not have been killed.
“On August 14 it appears he committed the cardinal sin of driving erratically, which I don’t care how you unpack this, a death sentence is not called for, for erratic driving,” the attorney said.
He said Dial should be arrested and charged with a crime. The Citizens Police Oversight Commission called for Dial’s termination.
During a press briefing at the scene, police initially said that Irizarry was outside of the vehicle. At an Aug. 16 news conference, Police Commissioner Danielle Outlaw said that “evidence clearly indicates that the male was not outside of the vehicle and was seated inside of the vehicle at the time of the discharge.”
“At the time we gave that information, that was the best information that we had available,” she said. “And we always strive to clarify and update that information as quickly and accurately as possible.”
Outlaw did not say how they obtained inaccurate information that Irizarry was outside of his vehicle. The police department did not immediately respond to a request for comment on Wednesday.
Johnson accused the department of initially telling the public “a patent lie.”
“When you look at this video, I want you to ask yourself, look at it critically and ask yourself how, based on what you will soon see, could the narrative have ever been this was a police chase?” he told reporters before the security video was played.
“How could Ms. Reilly have ever taken to a podium as a spokesperson for the police department and said that Mr. Irizarry, Eddie, got out of that vehicle, wielded a knife, and I believe I heard Ms. Jasmine Reilly say, ‘officers gave commands to drop the knife whilst Eddie was outside of the vehicle. He did not do that. He in fact lunged at police officers and then was shot.’ We know that that is a patent lie,” Johnson continued. “It is a fabrication. It did not happen that way at all.”
Outlaw said the two officers were in a marked police vehicle when they saw a Toyota Corolla “driving erratically” at about 12:28 p.m. on Aug. 14. The officers followed the vehicle as it drove the wrong way down a single lane one-way street, she told reporters. When the vehicle pulled into a parking spot, the officers got out of their vehicle.
One of the officers tried to open the passenger side door and told the officer that the driver had a weapon, Outlaw said. Irizarry turned toward the second officer by the driver’s side door and that officer “discharged his firearm multiple times into the vehicle, fatally wounding the driver,” Outlaw said.
Irizarry was pronounced dead at the hospital at 12:48 p.m., she said.
Family demands to view police body camera
Two knives, one that appeared to be a “kitchen-style knife” and a serrated folding knife, were observed inside the vehicle, according to authorities.
Johnson said Irizarry’s father gave him one of the knives because Irizarry worked as a mechanic.
Both officers had their body cameras activated, Outlaw said. The footage has not been released publicly.
Johnson said Irizarry’s family has asked the city through the district attorney’s office to allow them to view the body camera footage privately. He said they were supposed to watch the videos on Friday but that the district attorney’s office rescinded the offer, citing the ongoing investigation into the shooting.
A spokesperson for the district attorney’s office said in an emailed statement that they have been in contact with the family’s attorney.
“We look forward to meeting with them and their legal counsel in person, in the near future,” spokesperson Jane Roh said. “The DA’s Office intends to keep its sworn obligation to seek justice for all those involved in the fatal shooting of Mr. Irizarry, as well as for all those Philadelphians who are not directly involved but who care deeply about fairness, justice, and independence.”
The police department said it is up to the district attorney’s office when the body camera footage is made public.
Irizarry remembered as a ‘great person’ who worked on cars
Irizarry’s aunt told reporters that he was a “great person” who enjoyed working on cars and listening to loud music.
“I just want him to be remembered that he was a good kid,” she said crying. “Never was in trouble and loved his family.”
Johnson said Irizarry moved to Philadelphia from Puerto Rico when he was 19 years old and spoke very little English. He battled with schizophrenia and other diagnoses, the attorney said, noting that Irizarry had never been arrested or had a negative encounter with police prior to last week’s shooting.
The aunt said that Dial took “someone very special to us” and wants “him to pay for what he did.”
The police department’s officer-involved shooting investigation team is conducting a criminal investigation in parallel to the district attorney’s office’s investigation. The police department’s internal affairs unit is also conducting an administrative investigation into whether the officers violated policy and procedure.
Officer Dial could not be reached at phone numbers listed for him. The police union did not immediately return a request for comment on Wednesday.