Judge denies bid to move trial of ex-officer out of Philadelphia due to coverage, protests

A judge has turned down a request to move the trial of a former Philadelphia police officer who shot and killed a motorist as he sat in his car, saying there’s insufficient evidence that the defendant would be unable to get a fair trial in the city.

Attorneys for former officer Mark Dial sought the change of venue last spring, citing not only what they called an “avalanche” of press coverage about the shooting death of Eddie Irizarry but also street protests and public comments by elected officials.

Common Pleas Court Judge Barbara McDermott, however, ruled last week that despite the public and media attention the coverage had been “largely factual” and there had been “a substantial cooling-off period since the latest reports,” The Philadelphia Inquirer reported.

Dial, 28, is scheduled for trial in September on first- and third-degree murder, manslaughter, official oppression and other charges in the August 2023 death of 27-year-old Irizarry in Kensington. Police initially said the driver lunged at the officer outside the car but later said the officer’s body-worn camera footage made it clear that hadn’t happened. Police officials moved to fire Dial after the shooting, citing his refusal to cooperate with an internal investigation.