27-year-old Eddie Irizarry was fatally shot after being stopped by Mark Dial and his partner on August 14
Charges were refiled against a former Philadelphia police officer who fatally shot a civilian in August hours after a judge dismissed the case during a preliminary hearing Tuesday.
Mark Dial was charged with murder, voluntary manslaughter, aggravated assault, simple assault, recklessly endangering another person, official oppression, and possession of an instrument of crime after an encounter with 27-year-old Eddie Irizarry.
According to a press release from the Philadelphia District Attorney's Office, during the encounter on Aug. 14, Irizarry "turned onto the street at a slow rate of speed going in the wrong direction."
Dial and his partner approached Irizarry's vehicle and saw him "holding a small, open folding knife against his thigh." After Irizarry rolled up the driver's side window, the district attorney's office claims that Dial discharged into the vehicle six times, and body cam footage showed Irizarry was hit at close range.
After being pulled out of the vehicle, Irizarry was transported to Temple Hospital, where he was pronounced deceased. A medical examination found his cause of death to be "multiple gunshot wounds." The manner of death was listed as homicide.
During a preliminary hearing on Tuesday, Judge Wendy L. Pew threw out the case citing a "lack of evidence," per CBS News Philadelphia.
Dial's defense attorney, Brian McMonagle, told the outlet regarding Tuesday's ruling, "We have said from the beginning -- this is a tragedy, not a crime. This should've never been charged as a crime. And we're elated Mark's coming home to his family."
PEOPLE has reached out to Dial's defense attorney for additional comment.
According to a criminal docket reviewed by PEOPLE, the district attorney's office refiled charges against Dial after Tuesday's hearing. His next hearing is scheduled for Oct. 25.
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The Associated Press reports that Irizarry's family "appeared stunned and distraught" after the decision to dismiss charges was made during Tuesday's hearing. "We are going to continue to fight for justice because that was wrong," Irizarry’s cousin Aracelis Brown told the AP after the hearing.
"We're going to continue to fight, we're going to appeal the case and continue to fight," Zoraida Garcia, Irizarry's aunt, told FOX-29. "He committed a crime and he needs to pay for the crime he committed."
Philadelphia Sheriff Rochelle Bilal and Senator Sharif Street held a press conference on Tuesday evening, asking for the public to "stay calm" after the charges were dismissed, reports FOX-29.
"All I'm saying today until the process is done is to please remain calm, peaceful protest is what we do - it's in our DNA - and until the process is done," Sheriff Bilal said. "Please remain calm so that we can move forward and make sure the process continues on."
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