This site has previously noted the charges against former Philadelphia Police Officer Mark Dial. Officer Dial shot and killed criminal Eddie Irizarry when he believed that Mr Irizarry was reaching for a weapon.

The city’s George Soros-sponsored, police-hating and criminal-loving District Attorney charged Officer Dial with “first-degree murder, voluntary manslaughter, aggravated assault, and related offenses,” though, as you can see from Pennsylvania Title 18 §2502 above, first-degree murder was never an appropriate charge.

An at least reasonable case could be made for charging PA Title 18 §2503 Voluntary Manslaughter, a first degree felony, but there’s a high bar for the prosecution to surmount.

• 18 §2503(b) Unreasonable belief killing justifiable. — A person who intentionally or knowingly kills an individual commits voluntary manslaughter if at the time of the killing he believes the circumstances to be such that, if they existed, would justify the killing under Chapter 5 of this title (relating to general principles of justification), but his belief is unreasonable.

Mr Krasner would have to prove that Officer Dial had an “unreasonable” belief that he was justified in shooting Mr Irizarry. Mr Irizarry had been driving erratically, and when he finally pulled over, he kept the car window up, was non-compliant, and raised his hand while holding a knife.

A Philadelphia judge dismissed all charges against Officer Dial, ruling that the prosecution had not presented evidence that a crime has been committed, so naturally the Usual Suspects decided that a riot was in order. Naturally, Mr Krasner refiled the charges, including first degree murder, and Mr Dial was rearrested, and denied bail.

Now, after nearly a year in prison, without having been convicted of anything, the former Officer is once again free on bail.

Mark Dial was released on bail after the Philly DA’s office dropped his first-degree murder charge

Dial had been in custody since last fall after he was charged with fatally shooting Eddie Irizarry in a traffic stop in Kensington.

by Chris Palmer, Ellie Rushing, and Rodrigo Torrejón | Thursday, August 9, 2024 | 10:50 AM EDT

The District Attorney’s Office has withdrawn a charge of first-degree murder against former police officer Mark Dial, a decision that prosecutors were effectively forced to make by a judge after failing to tell Dial’s attorneys about a key piece of evidence they intend to use against him at trial.

The decision, made Thursday, allowed Dial to be released from jail on bail to await a new trial date, now with a lead charge of third-degree murder. His case — which had been scheduled to begin in September — will now go before a jury in May 2025.

Dial’s bail was set at $200,000, and he paid the required 10% to secure his release shortly after noon Thursday, court records show.

The development served as the latest twist in the high-profile case, one that has taken an unusually circuitous path through the courts. Dial is accused of fatally shooting Eddie Irizarry during a traffic stop in Kensington last year, and his prosecution has now been tossed out, reinstated, and downgraded over the last 11 months.

Just what kind of ineptitude infests the District Attorney’s Office that they first made a mistake which got the charges dismissed, and now, if the first paragraph in the Inquirer’s story is accurate, they f(ornicated) up again. “(A)n unusually circuitous path”? That’s a polite way of saying that the DAO has been completely inept.

What was this whole charade other than an effort by Mr Krasner to punish Mr Dial pre-emptively, in case he couldn’t actually win a conviction?

Prosecutors months ago had hired an expert to prepare a report on whether Dial violated Pennsylvania’s use-of-force law for police when he shot Irizarry, a question that goes to the heart of the case and will determine whether Dial should be convicted. But prosecutors told Dial’s attorneys about the expert’s report only this week — something Dial’s lawyers said was unreasonable, and didn’t give them enough time to prepare a rebuttal.

Common Pleas Court Judge Glenn B. Bronson agreed, and said he did not want to delay the case and keep Dial incarcerated for months over an issue that prosecutors had effectively created.

“Why didn’t you tell them you were hiring an expert?” he said in court this week, later adding: “You sat on this for 10, 11 months.”

Judge Bronson offered the compromise, to reduce the top charge to third degree murder, which made Mr Dial eligible for bail. Prosecutors then urged the judge to restrict Mr Dial to house arrest, to punish him further, but the defense noted, to the judge’s satisfaction, that Mr Dial did not pose a flight risk.

All of the charges should be dropped, and Mr Dial compensated for the time he spent behind bars unjustly, and that compensation should come from Mr Krasner’s personal wealth.