'He should be in jail': Family says termination isn't enough for officer following deadly shooting

PHILADELPHIA (WPVI) -- The family of the man shot and killed by an officer last week is outraged to learn he will be terminated for insubordination, and was not arrested for the fatal shooting.

Police Commissioner Danielle Outlaw announced Wednesday that Officer Mark Dial will be suspended for 30 days with the intent to dismiss following the fatal August 14 shooting of 27-year-old Eddie Irizarry.

"I feel angry because I feel that is not enough for my family and for myself you know," said Irizarry's aunt Zoraida Garcia. "I understand that they say he was going to be suspended, fired. What's going on? Like why is he not being charged? He should be in jail."

On the day of the shooting, police officials said Irizarry was outside the car when he was killed after lunging at police with a knife. Two days later, the department acknowledged Irizarry was fatally shot while inside his car.

SEE ALSO: Philadelphia officer to be fired for insubordination amid investigation into fatal shooting

The Philadelphia police officer who shot and killed a man in the city's Kensington section last week will be fired, officials announced during a press conference on Wednesday.

Outlaw made the correction after she said investigators reviewed the body camera video. The family later released surveillance footage of the shooting.

Irizarry's family said they keep replaying the surveillance video in their minds over and over again and are confused about why the officer hasn't been charged.

One of Irizarry's cousins said, "We want justice. That's what we want. Everybody knows how we're feeling. We are all upset, sad, heartbroken and now we have to deal with the fact that this officer is still not behind bars."

Outlaw said during a press conference Wednesday that the suspension and intent to dismiss was in direct action due to several departmental violations by Dial, including refusal to properly obey proper orders from a superior officer, and failure to cooperate in any departmental investigation.

The family attorney, Shaka Johnson, said now that they've had a little time to process the latest developments, they believe the department's decision stops short of placing blame on the officer.

Philadelphia police officials have released further information regarding a fatal officer-involved shooting that took place Monday in the city's Kensington section.

"He essentially fired himself for not participating," Johnson said. "That's not the department taking control of the situation and saying we have done an investigation."

A criminal investigation is being conducted by the district attorney's office. As the internal investigation continues, police are working to track down where their initial narrative came from.

Irizarry's funeral is scheduled for Thursday morning.

His family said they plan to file a wrongful death lawsuit against Officer Mark Dial and the City of Philadelphia claiming intentional misleading of the public. They may add more to the list of who they plan to sue.