Suspect in New Year's Eve Slaying Not Charged

Updated 5:20 PM PST, Tue, Jan 6, 2009

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A memorial has been setup for the victim, Andy Ho, 29.

Prosecutors did not file charges against Kwang Cha, the suspect in a New Year's Eve shooting that left a Mira Mesa man dead.

Andy Ho, 29, was shot and killed outside a home in the 7600 hundred block of Dancy Road in Mira Mesa on December 31, 2008. Kwang Cha, 25, was at a party with several other people at a home behind the victim’s residence when an argument started between the two homes, San Diego police investigators said.

"Cha and three to five other male subjects left their party and walked to Mr. Ho’s home," Lieutenant Terry McManus said. "Cha, armed with a handgun, confronted the victim on the front porch." The fight moved into the street, that's where police say Cha shot Ho, killing him.

Police say Cha turned himself in, he was booked into County Jail on one count of murder. Tuesday, prosecutors announced they are not going to file charges against Cha and that he was free to go. The county's explanation is that more investigation into the shooting is needed, according to District Attorney's Office spokesman Steve Walker. The fact that charges were not filed Tuesday does not mean Cha won't face charges in the future according to Walker.