Thief/gunman, and victim, both charged

[ladder13]

NYC garage worker charged with attempted murder for shooting thief

A Manhattan parking garage attendant who was shot twice while confronting an alleged thief then wrestled the gun away and opened fire on the suspect has been charged with attempted murder, police and sources said.

The overnight worker, identified by cops as Moussa Diarra, 57, was also hit with assault and criminal possession of a weapon charge in the Saturday incident, which unfolded around 5:30 a.m. as the attendant saw a man peering into cars on the second floor of the West 31st Street garage, the sources said.

Believing the man was stealing, the attendant brought him outside and asked what was inside his bag.

Instead of cooperating, the man pulled out a gun, the sources said.

Diarra tried to grab for the weapon, and it went off leaving him shot in the stomach and grazed in the ear by a bullet before he turned the firearm on the would-be thief and shot him in the chest, sources said.

The suspected thief, identified as Charles Rhodie, 59, was also charged with attempted murder, assault and criminal possession of a weapon, as well as burglary, police said late Saturday

 

[haywood]

And we wonder why city’s are crime riden.

 

[Baxter6551]

If everything actually occurred the way it was reported I also question why he was charged. And if 100% correct then I’m outraged also.
BUT…. We were not there. We are not privy to the Detectives investigation, any recovered video etc. I believe in NYC the Detectives probably reported their findings to the on call ADA who told them to charge even if they didn’t feel it was appropriate. Maybe their policy is to automatically charge and let the DA make the decision.

 

[Inusuit]

It will be interesting to see how this plays out. Overzealous DA? Seems beyond reasonable to charge him for defending himself, and to be charged with weapons possession when he took it away from the alleged thief.

The attorney who teaches the legal section of our Basic Pistol class stresses that if a person initiates a violent encounter, such as punching someone, and then fires a weapon when the fight goes against him, it's not a good shoot.

Devil is in the details here.

 

[Truckman]

When in doubt (or in NYC), charge everyone......Ben

 

[stansdds]

Even when there is no doubt, charge everyone. That, unfortunately, is the attitude displayed by a significant number of DA's these days.

 

[Marshal Tom]

Alvin Bragg must have been on call!

 

[Buzzzer]

Well, if it's NYC then "Bragg" is the DA. From what I've heard of the DA if it's self defense then the guy will be charged since it seems he doesn't believe in SD...

 

[Jack Flash]

I wonder if there is a video that the detectives saw. Always more to the story.

 

[BB57]

Two thoughts here….

First, if you ever use a firearm for self defense, no matter how justified you may be, plan on being arrested. At best it will only be for a few hours while they figure out what went down and get confirmation from a DA that they don’t want to charge you.

Way too many police officers operate under a “just arrest them and let the DA/court figure it out” attitude, and in many jurisdictions there is substantial political pressure to always handle it that way.

If the event occurs in a county, the odds of not getting taken into custody are a little better, provided the evidence and witnesses statements clearly indicate a case of self defense. That’s because sheriff’s are elected officials rather than appointees of a mayor or city council, are more directly responsible to the public, and are not going to be fired for failing to arrest someone who <gasp!> used a gun. They also fully understand law enforcement response times and the need for self defense.

Either way, it’s never a bad idea to consult with a defense attorney in advance about the laws pertaining to deadly force and pay a small retainer ($100 or so) o have them available if you are involved in a self defense shoot and need an attorney. The best time to find one is *not* after you’ve been arrested.


Second, in this case I can see a narrow read of the law being applied in two ways:

- the victim confronted the thief over a property crime, and as such it was not an offense that posed an imminent threat of death or serious bodily injury. The rationale here would have been the security guard should have just called the police, rather than do his job and confront a suspected thief; and

- after the assailant drew a gun and shot the victim (clearly engaging in an imminent threat of death and already inflicted serious bodily injury), the victim, although shot in the stomach, wrestled the gun away from the thief. At that point an officer or DA taking a very narrow read of the law could make the assumption that the assailant was now unarmed and was no longer posing an “imminent threat”.

——

Now of course the problem with that rationale is the victim has been shot and requires prompt medical attention, something that would not be forthcoming if, for example, the assailant subsequently hit him in the head and rendered him unconscious. That would then pose an imminent threat even if the assailant didn’t take his gun back and shoot the victim with it again.

And of course, having been shot in the stomach the odds of the victim prevailing in a struggle using only physical force is now extremely unlikely. Consequently, the gun is still an imminent threat as it is still present and the assailant would very likely be able to regain control of it if the victims did not use it to defend himself, particularly after he had already been shot.

But seeing the events from that perspective requires some common sense and some willingness to apply an appropriate amount of discretion.

 

[MSgt G]

I'm just surprised the criminal was charged.

 

[WCCPHD]

In NYC ANYONE with a gun is considered a criminal, particularly an honest citizen.

Its the same way the anti's want EVERY city/county/state.

 

[16thVACav]

According to Fox, the charges for the garage worker will be dropped.

 

[Truckman]

According to Fox, the charges for the garage worker will be dropped.

Which means his record will interpreted by others as charged with attempted murder, charges later dropped because his crooked lawyer got him off somehow......Ben

 

[adwjc]

Victim charged

Sounds as bad as the case in Saratoga Springs, upstate. They charged an off duty Vermont deputy with attempted murder, as well as pile of new technical charges.

The six guys who beat and shot him, and chased the ambulance to try again, were only charged with attempted assault.

 

[LCC]

The charges were dropped, absurd they were even considered in the first place. In a city of 8.4 million policed by 36,000 LEO's, however, there is likely no end to the outrages taking place every day.

 

[stansdds]

Glad the criminal charges against the victim were dropped. Wonder if the perpetrator will now be caught, charged, and jailed or just allowed to roam?

 

[s&wchad]

Wonder if the perpetrator will now be caught, charged, and jailed or just allowed to roam?

Hard to roam with a gaping chest wound.
From the article...

Diarra tried to grab for the weapon, and it went off leaving him shot in the stomach and grazed in the ear by a bullet before he turned the firearm on the would-be thief and shot him in the chest, sources said.

The suspected thief, identified as Charles Rhodie, 59, was also charged with attempted murder, assault and criminal possession of a weapon, as well as burglary...

 

[bushmaster1313]

If drafted he now has an an affirmative answer to:
“Have you ever been arrested?”

 

[elpac3]

If drafted he now has an an affirmative answer to:
“Have you ever been arrested?”

Where he will be placed on the group "W" bench with all the mother stabbers, father ra*&$s - - - alla Alice's Restaurant '69