Common Pleas Court Judge Lillian Ransom ruled after a hearing that the facts of the case should be established at a trial.
Former officer Mark Dial was charged with murder, manslaughter, official oppression, and four other counts in the Aug. 14 shooting death of 27-year-old Eddie Irizarry during a traffic stop. Defense lawyers argued the officer could have feared for his life because he thought Irizarry had a gun, and a municipal court judge dismissed the case last month for lack of evidence.
Prosecutors quickly appealed, asking for the charges to be reinstated. Irizarry's family has said Dial took an innocent life and should spend the rest of his life behind bars.
Dial, who bowed his head after Judge Ransom issued her ruling from the bench--was taken into custody without bail.
The defense is "obviously extremely disappointed," Dial's lawyer, Brian McMonagle, said outside court, but he added, "We can't wait to go to trial. The facts here are undeniable. Mark Dial did not commit a crime."
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