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Judge revokes bail for Philadelphia Police Officer Mark Dial in deadly shooting of Eddie Irizarry

Bail revoked for Philadelphia police officer Mark Dial in deadly shooting of Eddie Irizarry
Bail revoked for Philadelphia police officer Mark Dial in deadly shooting of Eddie Irizarry 03:16

PHILADELPHIA (CBS) -- A judge revoked the bail for the Philadelphia police officer charged in the deadly police shooting of Eddie Irizarry. Mark Dial was taken into custody in the courtroom.

"Why is someone charged with murder be out on bail," asked Irizarry's aunt, Ana Cintron.

Dial, who has worked for the police department for five years, is facing a number of charges, including murder, voluntary manslaughter and aggravated assault after he was seen on body camera shooting and killing the 27-year-old.

RELATED: Philadelphia officer opens fire seconds after stopping Eddie Irizarry, video shows

At Dial's initial arraignment, the DA asked the judge not to grant Dial bail, however, that didn't happen.

Dial turned himself in to the police earlier this month, hours before District Attorney Krasner and Assistant District Attorneys Lyandra Retacco and Karima Yelverton played body camera videos from Dial and his partner that showed Irizarry's final moments.

Video showed Irizarry pull over in Kensington back on August 14. A patrol car then pulled alongside Irizarry as Dial jumped out, shouting at Irizarry before firing multiple shots at him as he sat in the driver's seat. Dial fired six shots in six seconds. 

Dial's attorneys previously said the officer fired because he saw a weapon in Irizarry's hand, which was later determined to be a knife.

"We are, obviously, disappointed that he is in custody and have every expectation he'll be out of custody when we have a preliminary hearing," Dial's attorney, Brian McMonagle, said. "We're committed to that, we expected that and we're gonna move Heaven and Earth to make that happen."

ALSO SEE: Family of man killed by Philadelphia police officer demands answers and justice

Prosecutors in this motion argued cash bail was "inconsistent with the constitution," as well as inconsistent for a defendant who faces the "possibility of life imprisonment."

Assistant District Attorney Lyandra Retacco left open the possibility this could be a first-degree murder case.

"The case is charged and that includes first and third degree, and that will be sorted at a preliminary hearing when we have testimony and there is a record in front of a judge to be able to determine what degree of guilt is going to move forward," Retacco said.

The Irizarry family expressed exhaustion with the process, as another hearing is scheduled for next week.

"All this for what? Over a traffic stop," Cintron said. "Six seconds, six bullets."

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