NYC-Man takes gun away from attacker who shot him, shoots, gets charged w/ attempted murder

[Anti Federalist]

Manhattan garage worker charged with attempted murder after shooting thief

https://nypost.com/2023/04/01/nyc-garage-worker-charged-with-attempted-murder-for-shooting-thief/

By Larry Celona and Kathianne Boniello
April 1, 2023 10:22pm Updated

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.

 

[jmdrake]

Manhattan garage worker charged with attempted murder after shooting thief

https://nypost.com/2023/04/01/nyc-garage-worker-charged-with-attempted-murder-for-shooting-thief/

By Larry Celona and Kathianne Boniello
April 1, 2023 10:22pm Updated

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.

If I was his defense attorney I would do a motion to dismiss and if we won I'd sue for malicious prosecution. But hopefully there is surveillance video. (Or hopefully not). I read a similar case in law school. Deranged person kept walked up and down the street messing with people. He pulled a knife on the wrong person. That person took the knife from the assailant, pinned him down and after his friends said "No! Don't do that!" he stabbed the assailant and killed him. The question in that was if it was first degree or second degree murder. I asked the law professor what if the assailant had a gun and you shot him as you were taking the gun from him. She said that was a good question.

In this case, Diarra was gravely wounded before he got control of the gun from someone that the state has admitted was trying to kill him. The standard for self defense is use of force when you are in fear of your life. A reasonable person would believe Diarra was in fear of his life. That is true even if Charles was backing away with his hands up. With Diarra bleeding out, all Charles had to do was wait until Diarra lost enough blood to move in, take the gun and finish Charles off. Had Diarra REALLY wanted to kill Charles he could have kept firing. (I'm assuming the gun wasn't a Derringer with only two shots. In fact three shots were fired. I've never heard of a three shooter.) It's a reasonable use of force if you're bleeding out and you've taken a gun from a criminal who shot you showing his intent to murder you that you put him in the same predicament. Now we're BOTH bleeding out so you're now worried about stopping your own blood loss and less worried about taking the gun back.

And yeah, if I didn't win on straight up motion to dismiss I'd take this one all the way to trial.

 

[Origanalist]

It seems like every day I'm reading something that defies belief. How does a society get this screwed up? There is no logic here.

 

[oyarde]

Not sure what kind of clown town mockery of justice they run on 57 yr old night shift parking attendants in ny but if that dirty sob shot me twice and i got the gun and shot him and they charged me with anything it would become the biggest mistake of his life.

 

[Anti Globalist]

The only one that should be getting charged with attemped murder is the theif.

 

[AngryCanadian]

That arrest of the man that took away gun from attacker who shot him.

Comes from the same DA lawyer that Indicted Trump.

 

[Anti Federalist]