Cop: Shots I fired killed Germantown man

In what appears to be his first public response to allegations into a fatal New Year's shooting, Police Officer George Marko has admitted that a 33-year-old man died as a result of gunshots he fired.

But Marko has denied, in a federal court filing, that he knew the man and other innocent bystanders were in danger when he fired his gun, and says that the discharging of his weapon "was justified."

Marko, through attorney Jeffrey M. Scott, filed a response last week in U.S. District Court in Philadelphia to allegations made in a civil lawsuit by the family of Abebe Isaac, who died a week after being shot five times inside an East Germantown house.

In the July 10 response, Marko says that when he discharged his weapon, his intended target was Dontate Mitchell, another reveler, who was said to have first been outside the house. He denies that he was firing into the house, but rather at Mitchell.

He also denies any allegations that he was aware that Isaac was shot five times or that he knew Isaac was protecting a child when he was struck.

"At the time Mr. Marko discharged his weapon, he was unaware that Mr. Isaac was shot," the filing says. "After the shooting took place, Mr. Marko learned that Mr. Isaac was shot."

Marko and Officer Joseph Kelly responded to the house on Boyer Street near Woodlawn after reports of gunfire. Authorities have alleged that Mitchell had been outside firing a .45-caliber gun to celebrate the new year. What happened next is in dispute.

Police have said that the officers ordered Mitchell, then 21, to put his gun down, but instead Mitchell ran into the house, where Isaac and others were partying.

Marko, police have said, fired 11 shots from his 9mm Glock. Kelly did not discharge his weapon.

Marko has not been able to testify on this matter because he has not yet been cleared to do so by the District Attorney's Office, which is investigating him to determine whether criminal charges should be filed against him.

Police spokesman Lt. Frank Vanore said that the D.A.'s inquiry is "still an open investigation" and that Marko remains on desk duty at the 14th District, in Germantown.

The Isaac family's lawsuit, filed in Philadelphia Common Pleas Court by attorney Howard Popper, contends that "Marko fired at Mitchell as he ran inside the residence and continued to fire through the closed storm door into the residence." It also says that it was "readily apparent" to Marko "that there were numerous innocent bystanders" inside.

Marko, in his response, does not detail what he saw or did that day, but denies parts of the plaintiff's version of the events.

Marko's attorney, Scott, would not comment yesterday, referring a call to the City Solicitor's Office. Matthew Kevin Hubbard, a deputy city solicitor, returned a call, but did not comment.

The suit, which also names the City of Philadelphia and Mitchell as defendants, has since been moved to federal court following a petition by Hubbard for it to be heard there based on allegations of federal civil-rights violations.

Popper, the Isaac family's attorney, said yesterday that he wants the case heard in Common Pleas Court because "this [shooting] happened in Philadelphia" and warrants a city jury. "You need people who have experience in the subject matter to preside over something like this," he said.

He said that Isaac was employed at the Hospital of the University of Pennsylvania when he died, and is believed to have worked in maintenance. Isaac supported his three minor children and sent money to his mother in Trinidad, he said. A HUP spokeswoman said yesterday she could not confirm employment because of privacy laws.

Mitchell had been charged with weapons and assault offenses in the alleged "celebratory" New Year's shooting, but they were dismissed after the prosecution was not ready to put on a preliminary hearing on Mitchell's fourth listing date. Assistant District Attorney Thomas Lipscomb has said that to prove the assault charges, he needs Marko to testify.

Mitchell yesterday also got another break. He faced a preliminary hearing before Municipal Judge Jacquelyn Frazier-Lyde in relation to a July 31, 2007, alleged stabbing of another inmate, Phillip Thomas, in county prison.

Thomas, who was believed to be in custody, was not brought to court by sheriff's deputies, Assistant District Attorney Alisa Shver said. Since this hearing was listed as "must be tried," the judge dismissed the charges. Shver said the prosecution had been ready to proceed on a prior date.

Wanda Davis, a spokeswoman for the Sheriff's Office, said afterward that Thomas was actually no longer in custody. He was released from the county Detention Center June 26, after having been paroled, she said.

Mitchell also faced charges of robbing another inmate on Feb. 16 while at the 15th Police District, in the Northeast. Those charges were dismissed in May by Municipal Court Judge Joseph J. O'Neill for lack of prosecution.

Mitchell, who worked as a part-time mailer for the Daily News and Inquirer, is still listed as an employee. He remains in county custody and still faces a violation-of-probation hearing. *