D.A. clears Philadelphia cop in 2008 New Year's shooting

For 2 1/2 years, friends and relatives of George Marko and Abebe Isaac have wondered how it would all play out.

Marko, a veteran Philadelphia police officer, was on duty shortly after midnight on New Year's Day in 2008, when he responded to a report of gunfire in East Germantown. He wound up firing 11 shots into a rowhouse after a suspect, Dontate Mitchell, ran inside.

Isaac, 33, was an unarmed man inside that house. He was wounded five times and died a week later. Three other people who were inside, including a 9-year-old boy, also were wounded.

Investigations were launched, lawsuits were filed and those on both sides of the controversial case braced for the results.

On June 1 Marko and his family got the news that District Attorney Seth Williams had cleared him of any criminal wrongdoing in the case, authorities said yesterday.

In a statement released yesterday, the District Attorney's Office said, "A careful review of the evidence reflected that Officer Marko lawfully responded to dangerous gunshots fired by Dontate Mitchell."

Although Williams made the decision two months ago, it was not announced publicly because prosecutors had a difficult time locating Isaac's relatives, said Williams' spokeswoman, Tasha Jamerson.

Marko remains on desk duty, and now must wait as Internal Affairs investigators determine whether he violated any departmental protocols during the shooting, which unfolded on Boyer Street near Woodlawn Avenue.

"Now that the D.A. has declined [to press charges], we can bring him in and interview him," said Police Commissioner Charles Ramsey. "We'll see where it goes from there."

When Ramsey first took over the department in 2008, he said he believed that investigations into shootings involving city police took too long to resolve.

Last night, Ramsey noted that the 2 1/2 years it took to resolve part of Marko's case was still "a long time," but added that he was glad Williams had resolved his end of the case.

Police previously said Marko fired 11 shots after he believed Mitchell had aimed a .45-caliber weapon at him and then darted inside a nearby rowhouse.

Mitchell, who had been firing celebratory gunshots on Boyer Street, was wounded once in the arm.

He was later arrested, but the charges were dismissed. Marko was unable to testify because his involvement in the shooting was being investigated by the D.A.'s office.

Lawsuits filed by Isaac's family and others who were involved in the chaotic scene are still pending.