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Officer Mark Dial to be fired after Eddie Irizarry fatal police shooting

Philly police officer to be fired after Eddie Irizarry fatal police shooting
Philly police officer to be fired after Eddie Irizarry fatal police shooting 02:46

PHILADELPHIA (CBS) -- Mark Dial, the officer who fatally shot Eddie Irizarry in Kensington earlier this month, is set to be fired for insubordination, Police Commissioner Danielle Outlaw said Wednesday at a news conference.

Outlaw said Dial would be suspended for 30 days, with the intent to terminate his employment.

The police commissioner said Dial refused to obey orders from a superior officer and failed to cooperate with the department's investigation. He could face additional disciplinary charges if it's discovered he violated additional policies, Outlaw said.

"Not for the shoot. For refusal to take part in the investigation," Outlaw said.

However, that didn't sit well with Shaka Johnson, the attorney representing Irizarry's family.

Philadelphia police, mayor provide latest on fatal police shooting of Eddie Irizarry 16:57

"What they wanted to hear and what would've been appropriate and respectful to the decedent is he was fired for perhaps these policy violations and for killing one of you, John Q. Citizen," Johnson said.

Johnson played surveillance video of the shooting in a news conference Tuesday, showing the quick and deadly encounter. Attorneys for Irizarry also said they intend to file a wrongful death lawsuit.

While Johnson praised Outlaw for correcting the original narrative and taking the lead in public, there's more he'd like to see.

Specifically, Johnson hoped police would be more forthcoming with the Irizarry family.

"I found what she said to be compassionate, as compassionate as she could be. But it wasn't very satisfying. And that's just the truth of it," Johnson said.

Philadelphia police changed the account of the incident after reviewing body camera footage from the officers involved. That footage had not been released as of Wednesday.

Initial news releases about the shooting said Irizarry was outside his vehicle and lunged at officers with a knife, however, police said the body camera video shows Irizarry never left his car before Dial shot him.

When asked about a possible new procedure of looking over body camera footage before releasing a statement, Outlaw said, "I know moving forward is that less information will be shared until we can corroborate those details that we have given you in the past."

Philadelphia police say Eddie Irizarry, 27, left,  was shot and killed by officer Mark Dial in an Aug. 14 incident in Kensington. Zoraida Garcia (left) and Law Offices of Shaka Johnson

Hours after the police press conference, the Citizens Police Oversight Commission, better known as "CPOC," held a community meeting over Zoom. The commission is independently monitoring the investigation.

"The message is that they're taking this incident seriously and I think that based on the press conference earlier today," Anthony Erace, the CPOC's interim executive director, said.

More than 70 people attended and several asked questions.

CPOC said it has watched the Ring camera footage released by the family's attorney, but it did not factor into its recommendation to terminate Dial.

"Our recommendation was based on the evidence that we derived from the scene and internal investigation and the letter was composed prior to the public release," Erace said.

CPOC also said it has reviewed body camera footage of the incident. 

The decision of if and when it would be released, Philadelphia police said, is up to the district attorney's office.

District Attorney Larry Krasner had no comment on Wednesday.

Attorney for Eddie Irizarry's family wants "compassion" from city officials after shooting 02:47

On Tuesday, Johnson said the family had heard nothing from the Philadelphia Police Department. 

Johnson said the family has yet to see the body cam footage despite asking to see it.

"If someone could explain to me how saying, 'We're sorry for your loss' would somehow compromise the investigation, maybe you're telling me something I don't know," Johnson said.

Johnson believes that kind of messaging from police would go a long way to rebuilding trust with the community, and it's something Mayor Jim Kenney addressed during Wednesday's press conference.

"I do think in general the community supports the police, the police are supportive of the community," Kenney said. "Circumstances like this do set us back, but I do think we're able to cover and move forward."

Outlaw said police will reach out when the time's right.

"My heart goes out to everyone involved in this," Outlaw said. "It's a tragedy all the way around."

Outlaw also announced additional investigations into conflicting accounts and incorrect information from police personnel on what happened during the traffic stop.

The FOP is not commenting on the matter, rather directing all questions to Dial's attorney. Attorneys for Dial and the Philadelphia District Attorney's Office declined to comment on Wednesday's announcement. 

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