NORFOLK, Va. (WAVY) – A Norfolk man initially accused in the murder of a barbershop owner has filed a lawsuit claiming false arrest.
The lawsuit was filed last Tuesday by Dahson Iraldo’s attorney, S.W. Dawson.
“I haven’t seen any of the evidence as to why they charged Mr. Iraldo in the first place,” Dawson told WAVY.com. “I have no idea. I don’t know if they thought him to be a sitting duck based on the fact he was previously arrested. I don’t know.”
Henry McIntosh was gunned down inside the Square Deal Barbershop he owned on church Street in April 2010. Two years later, police charged Iraldo with murder, robbery, and two counts of using a firearm. During a lengthy interrogation in July 2012, investigators questioned Iraldo, and WAVY.com was able to get an audio copy.
Police: “You’re a cold-blooded killer.”
Iraldo: “No, I’m not.”
Police: “Yeah, you are.”
Iraldo: “I was not there. Ya’ll not going to make me no murderer. I was not there.”
In between heavy sobs, Iraldo made the same claim when he talked to 10 On Your Side from jail shortly after his arrest: “I’m not no murderer. I’m not no murderer. I promise. I had nothing to do with what they said was done. I just want to be proven innocent. That’s all.”
By October, prosecutors withdrew the four felony charges because they said they had “insufficient evidence to proceed.”
Dawson says Iraldo was already in jail for an unrelated gun charge when he was accused of McIntosh’ murder. He’s filed a lawsuit against the arresting police officer seeking $50 thousand in damages and has requested an apology from the Commonwealth’s attorney.
“Unfortunately, that’s really the only way to get their attention,” Iraldo’s attorney, S.W. Dawson told WAVY.com. “I’ve asked the Commonwealth’s Attorney to provide Mr. Iraldo with an apology after the subsequent arrest was made in Mr. McIntosh’s case. Mr. Iraldo received nothing in the way of an apology.”
If an apology is in place and one other condition met by Friday, Dawson said he and his client will withdraw the lawsuit.
“Issue a written apology to Mr. Iraldo for falsely accusing him of murder, robbery and two other felony charges, and if the arresting officer will provide a detailed explanation as to why he arrested Mr. Iraldo, and why those actions were reasonable, we’ll withdraw the suit, absolutely,” Dawson said.
WAVY.com contacted the Commonwealth Attorney’s Office where a spokesperson told us that office is not a party to the lawsuit and to direct our questions to the city attorney’s office, which represents the police department. We are still awaiting a response.