PHILADELPHIA (CBS 3)

A bystander injured in a controversial police involved shooting in East Germantown, Philadelphia, on New Year’s Eve has died from his injuries.

Abebe Isaac, 33, was struck five times after bullets entered a nearby home following the police involved shooting on Boyer Street.

“This incident was a horrible tragedy and on behalf of Police Commissioner Ramsey and the police department, we just want to express our sincerest condolences to the Isaac family,” said Deputy Police Commissioner Richard Ross. We also want to ensure that the public, as well as the Isaac family, knows that a fair and thorough investigation will be conducted.”

Two officers, George Marko and Joseph Kelly, responded to reports of gunfire at about midnight when they saw a suspect firing a .45 caliber handgun into the air.

Sources say the suspect allegedly defied orders to drop the weapon, instead pointing the firearm at Officer Marko.

Marko allegedly fired 11 shots, which entered a nearby home, striking Isaac along with a 9-year-old Nyger Page and 32-year-old Michael Johnson.

The suspect, identified as 21-year-old Dontate Mitchell, was struck in the arm.

Neither officer was injured in the shooting.

“It makes you sit back and wonder, did police learn nothing and the city especially, from last year when Brian Jones, who we represent, was killed needlessly by the police,” said Bruce Ginsburg, the victim’s attorney.

The District Attorney’s office is investigating the incident to determine whether any criminal charges will be filed. Both officers remain on leave during the investig