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NY Post
New York Post
2 Apr 2023


NextImg:Bragg won’t charge wounded garage worker who shot suspected thief

Manhattan District Attorney Alvin Bragg will not prosecute the parking-garage attendant who shot a suspected thief after getting wounded himself, the DA’s office told The Post on Sunday.

Moussa Diarra, 57, was shot twice by alleged thief Charles Rhodie, 59, early Saturday before turning the tables on the suspect and pumping a bullet into him with the accused criminal’s handgun, authorities said.

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Yet cops charged Diarra with attempted murder, assault and gun possession in the case, while Rhodie was slapped with those three raps as well as burglary.

But Bragg — who is already under fire for indicting former President Donald Trump last week in a fraud-related case — will dismiss the case against Diarra “pending further investigation,” his office said. The raps remain against Rhodie.

“We are more than pleased with the result,” Diarra’s lawyer, Charles Clayman, told The Post on Sunday.

“I think what they wanted to do was sort things out, and both men had been shot,” he said of police. “And they just didn’t have time just to start talking to witnesses at that point.

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Manhattan DA Alvin Bragg won’t prosecute a parking-garage attendant after cops charged the worker with attempted murder for shooting a suspected thief who wounded him.
AP

“By this morning, people understood exactly what had happened, what a hero and victim my client was. Obviously not the perpetrator,” he said.

“So all’s well that ends well.”

The shooting occurred at a West 31st Street parking garage around 5:30 a.m. Saturday, cops said.

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Diarra spotted Rhodie peering into cars in the garage and confronted him, demanding to know what was in his bag, police sources have said. Rhodie allegedly responded by pulling a gun and shooting the attendant twice.

Manhattan parking garage shooting.
An officer carries off items from the scene of Manhattan’s parking-garage shooting.
William Farrington

Diarra then wrestled the gun away and fired at Rhodie, hitting him in the chest, sources said.

An NYPD rep said Sunday that the cops’ decision to also charge Diarra was made “with the guidance of the DA’s office” and referred further questions to prosecutors.

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Diarra’s lawyer said Sunday, “We were in constant touch with the DA, and I just think that the police on the scene felt that that was the right thing to do.

“And then things would be sorted out by the DA, and I believe that’s what happened.”

Manhattan parking garage shooting.
A Manhattan parking-lot attendant was shot twice by a suspected thief before wrestling the gun away and shooting the suspect in the chest Saturday.
William Farrington

The case bears striking similarities to two recent Manhattan cases that were later dropped by Bragg’s office.

Junior Aquino Hernandez, a worker at a Harlem fish market, was initially charged with murder for stabbing one man to death and wounding his brother Feb. 21.

Hernandez, 34, claimed self-defense when he fatally stabbed 25-year-old Malik Burrell and wounded Robert “Bobby” Burrell, 29, saying the pair returned to attack the fishmongers after getting caught trying to steal shrimp.

Prosecutors eventually dropped the murder charge against Hernandez pending further investigation.

NYC bodega worker Jose Alba.
Manhattan bodega worker Jose Alba was charged with murder for stabbing Austin Simon last year, despite Alba’s claims that it was self-defense. The DA dropped the case.
Alec Tabak

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Last year, 61-year-old Manhattan bodega worker Jose Alba also was famously charged in the stabbing death of Austin Simon, who was seen on video assaulting Alba behind the counter.

After widespread outcry from the community and some local politicians, the charges against Alba were also dismissed.

Meanwhile, Bragg has been taking heat since announcing felony charges against Trump for the former president’s alleged “hush money” payments to porn star Stormy Daniels before the 2016 presidential election.

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Trump is due to arrive in the Big Apple on Monday and be arraigned on the sealed indictment Tuesday, then return to his Mar-a-Lago estate in Florida to comment.