The Philadelphia District Attorney has cleared a police officer who shot and killed an innocent bystander on New Year's morning, 2008. 

KYW's Tony Hanson reports the D. A. has concluded that Officer George Marko was justified when he shot into a celebration inside a Germantown house.

Authorities say Officer George Marko told investigators he was chasing a man who was shooting a gun to celebrate the New Year. He said the man ran into the Germantown house and pointed the gun at him as he entered.

Marko wounded the alleged gunman, Dontate Mitchell (see photo). A nine-year-old boy inside also suffered a grazewound and 33-year-old Abebe Isaac was shot and died later.

"After a lengthy invesigation, he was cleared of any criminal charges by the District Attornies office," says spokeswoman Tasha Jamerson.

Marko is currently on desk duty pending an internal investigation by the police department.

Authorities say Mitchell was charged after the incident but the case was withdrawn, pending the outcome of the Marko investigation, and now the case against Mitchell is reviewed by the D. A.