Phila. police: We erred in New Year's shooting arrest

Authorities admitted today that they arrested the wrong man in a police shooting at an East Germantown rowhouse early New Year's Day that left three bystanders - one of them a 9-year-old boy - as well as the gunman wounded.

One of the victims remains in critical condition in a medically induced coma, police said. The 9-year-old was grazed by an officer's bullet, police said.

Police said that they arrested another suspect Tuesday night and that they would drop all charges against the man initially charged, said Lt. Frank Vanore, department spokesman.

In all, five people were shot by police during New Year's celebrations in two unrelated reports of guns being fired at midnight. In addition to the East Germantown incident, an officer shot a Hunting Park man in the ankle after the suspect allegedly pointed his gun at police.

The chaos began at midnight, early in the new year, when two 14th District patrol officers in East Germantown heard a radio call reporting gunfire in the 5600 block of Boyer Street, the same block they were patrolling, and saw a man shooting a .45-caliber handgun in the air, Vanore said.

As the officers pulled up, Vanore said, they ordered him to drop the weapon. The gunman pointed at the officers, police said, and fled into a nearby house, where a family was hosting a New Year's party.

One officer fired 11 shots, Vanore said, striking the three victims. Vanore did not release the name of the officer who fired his gun. That officer has been placed on administrative leave, which is routine in such cases, police said.

Steve Walker, 38, who also lives on Boyer Street, was charged with weapons violations and endangering others. But as detectives continued their investigation yesterday, they said officers arrested the wrong person, Vanore said.

"It's obvious there was confusion out there and there were circumstances that led them to Walker," Vanore said, adding that Walker fit the description of the man who had been seen firing the gun.

Yesterday, witnesses identified Dontate Mitchell, 21, of East Price Street, as the gunman. He had been at the party earlier and ran back through the rowhouse at the same time the shooting erupted, Vanore said.

Mitchell, who works as a part-time mailer for Philadelphia Media Holdings (which owns The Inquirer and Daily News), is charged with firearms violations and endangering the welfare of others.

Mitchell was wounded by police during the gunfire. Vanore said Mitchell was treating himself for a gunshot wound instead of going to a hospital.

The incident remains under investigation by Internal Affairs investigators.