Officer's bail revoked in shooting death of driver after prosecutors lodge constitutional challenge

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Officer's bail revoked in shooting death of driver after prosecutors lodge constitutional challenge
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A Philadelphia police officer charged in the shooting death of a driver last month is back in custody following the revocation of his bail

Philadelphia police officer Mark Dial, center, arrives at the Juanita Kidd Stout Center for Criminal Justice in Philadelphia, Tuesday, Sept. 19, 2023, with attorneys for a bail hearing. Brian McMonigle is at left and at right is Fortunato Perri. Dial, a Philadelphia police officer charged in the shooting death of a driver last month is back in custody following the revocation of his bail after prosecutors challenged the constitutionality of his release.

Officer Mark Dial was taken into custody in the courtroom Tuesday following the ruling. He had surrendered Sept. 8 and posted 10 percent of $500,000 bail. But prosecutors said the Pennsylvania Constitution typically prohibits bail for offenses carrying a life term or if there is evidence the defendant poses a threat to the community.

Authorities have said Dial shot Irizarry after officers spotted his car being driven erratically around noon Aug. 14 and followed it for several blocks. Officers approached as the driver turned the wrong way down a one-way street and stopped. The department backtracked after initially claiming the officers made a traffic stop and shot a person outside the vehicle after he “lunged at” police with a knife. Outgoing Police Commissioner Danielle Outlaw said a review of the officers’ body-worn cameras “made it very clear that what we initially reported was not actually what happened.”

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