Who is Eddie Irizarry's father? Family of man killed during traffic stop sues Philly cops Mark Dial and Michael Morris
PHILADELPHIA, PENNSYLVANIA: Eddie "Junito" Irizarry Jr, a 27-year-old motorist, tragically lost his life on August 14 during a traffic stop when he was fatally shot by Philadelphia police officer Mark Dial.
Following the tragic death of Irizarry Jr, his father Eddie, a former law enforcement officer, and his sister Maria have taken legal action by filing a wrongful death lawsuit against officer Dial and his partner Michael Morris, according to the Inquirer.
The lawsuit was announced shortly after a Philadelphia municipal court judge dismissed multiple charges against Dial, which included murder and voluntary manslaughter.
However, prosecutors have since refiled these charges at a higher court.
Eddie Irizarry's family files lawsuit
The complaint was officially filed on Wednesday, September 27, in the Philadelphia County Court of Common Pleas. The lawsuit outlines three counts, including assault and battery, as well as wrongful death.
The incident began when two officers, Mark Dial and Michael Morris, saw a car being driven erratically and proceeded to follow it, according to the initial police statement.
However, the lawsuit challenges this account, claiming that the officers did not turn on their sirens or lights to notify the driver that he was being trailed.
They argue that this lack of warning effectively "surprised" Irizarry while he was parking, leading to the subsequent tragic events.
According to the lawsuit, when Officer Dial approached Irizarry's car, Irizarry was still inside.
Dial went to the driver's side door and drew his firearm, yelling "show me your hands" and "I will f**king shoot you," as mentioned in the lawsuit.
Despite Irizarry's doors being locked and him rolling up the windows as Dial approached, the situation escalated quickly.
The lawsuit argues that Dial immediately resorted to lethal force by taking out his gun, without attempting to use a non-lethal option such as a Taser.
Irizarry, given the sudden and aggressive escalation, did not have sufficient time to react to the officer's commands before he was shot.
"From the time that Defendant Police Officer Dial exits his vehicle with his gun out, until the time that he shoots the Plaintiff’s Decedent, approximately 5 seconds pass," the lawsuit says.
The lawsuit strongly contends that the use of force against Irizarry was excessive.
It argues that even if Irizarry was suspected of a traffic offense, it would not have been an offense for which he could be arrested.
Instead, such an offense would typically warrant a small fine, making the use of lethal force entirely unwarranted in this situation.
Officer Mark Dial shot Eddie Irizarry six times
Irizarry "never exited the vehicle, never lunged at police officers, and the officers never even gave him the opportunity to drop the knife – which was completely legal to own and possess – before Defendant Police Officer Dial summarily shot him 6 times at point blank range," according to the lawsuit.
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The civil lawsuit is seeking a minimum of $150,000 in monetary damages and contends that Irizarry was fatally shot without cause, claiming that he posed no threat of harm, injury, or danger to anyone present, including the defendants, former officer Dial and his partner, officer Michael Morris.
Eddie Irizarry's family demands answers
The family is desperate for answers about the fatal shooting of Irizarry, who was fondly known as Junito. They want to see his body, review police footage of the incident, and understand why deadly force was used.
Irizarry used knives as tools for his work, not weapons, mainly to strip wires.
His father, a former law enforcement officer, believes some of the shots were intended to be lethal, especially those to the face.
"Something must have happened in that officer’s mind," his sister Maria Irizarry said, as per the Inquirer.
"He was either angry already or had mental problems or he woke up deciding to kill someone."
His aunt Zoraida Garcia said, "They murdered my nephew here, cold blood. And I want answers."
"My nephew, he was a great person," Garcia said. "I just want it to be remembered that he was a good kid and never was in any trouble and loved his family."