According to the office of Manhattan District Attorney Alvin Bragg, a parking garage worker who was wounded while wrestling a gun away from a suspected thief and shooting the suspect will not face charges at this time.
In connection with the Saturday morning incident, Moussa Diarra, 57, was first charged with attempted murder, assault, and criminal possession of a firearm. Diarra stopped a man who was peeping into automobiles on the second floor of the West 31st Street garage in Manhattan and inquired about the contents of his bag.
The 59-year-old suspect, Charles Rhodie, then drew a gun, and Diarra attempted to seize it. During the struggle for the gun, Diarra was shot twice before turning the weapon around and shooting Rhodie.
In connection with the event, Rhodie was additionally charged with attempted murder, assault, criminal possession of a firearm, and burglary.
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Bragg will dismiss Diarra’s case pending additional investigation, the district attorney’s office confirmed to FOX 5 on Sunday. The charges against Rhodie, who, according to the New York Post, had at least 20 prior arrests, will remain.
Charles Clayman, Diarra’s attorney, stated that his client is satisfied with the outcome.
Clayman told the post, “I believe [police] wanted to settle things out, considering both males had been shot.” “And they simply did not have time to begin questioning witnesses at that moment. By this morning, everyone knew precisely what had transpired and who my client was as both a hero and a victim. Clearly, he is not the perpetrator.”
Saturday morning, Diarra and Rhodie were rushed to the hospital in stable condition following the incident.
The New York City Police Department stated that the decision to file charges against Diarra was based on advice from the district attorney’s office, according to the Post.
Clayman told the New York Post, “We were in constant contact with the district attorney, and I believe the officers on the scene felt it was the correct thing to do.” The DA would then resolve the situation, and I believe that is what happened.
The first allegations against Diarra drew parallels to an incident that occurred last July in Manhattan, in which bodega employee Jose Alba was charged with murder following a dispute with an enraged client who attacked him behind the counter. Alba stabbed and killed the attacker in self-defense, but she was charged with murder and transported to Rikers Island jail.
Alba was incarcerated for about a week before the murder charge was dismissed owing to tremendous public outcry.
