Manhattan DA Charges Victim With Attempted Murder for Defending Himself After Being Shot Twice

Alvin Bragg Manhattan DA
Manhattan District Attorney Alvin Bragg (AP Photo/Yuki Iwamura)
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Remember the case of Jose Alba? He was the New York bodega clerk who defended himself with a knife against against a man who came behind the store’s counter and attacked him. The confrontation was caught on video. The attacker died and Manhattan DA Alvin Bragg tossed Alba into a cell on Rikers Island and then charged him with murder.

That brought a rain of condemnation down on Bragg from everyone in New York City from the average guy on the street up to and including Mayor Eric Adams. No one could believe that the man who entered office by downgrading felonies to misdemeanors and refusing to enforce huge portions of the criminal code decided to charge a man with murder for clearly defending himself.

Bragg, being the political creature he is, eventually managed to read the room and dropped the charges against Alba. Now, however, he’s decided to pick on another working class victim who successfully defended himself, this time with a gun.

A 57-year-old parking garage attendant, Moussa Diarra, confronted a thief yesterday and was shot twice. He still managed to wrestle the gun away from his attacker and returned fire. That has resulted in charges of attempted murder, assault and — get this — criminal possession of a weapon.

From the New York Post . . .

The charges against Diarra sparked outrage — and recalled the case of Manhattan bodega clerk Jose Alba, who was charged with murder after a fatal July 1 confrontation in his store with an angry customer who came behind his counter and accosted him.

Family friend Mariame Diarra, who is not related to the attendant, slammed the decision to hit the married dad of two with charges.

“That’s self-defense. The guy tried to rob his business. Why DA want to charge him with attempted murder?” she told The Post. “He’s there for security. That’s literally his job, to defend his business. … He takes his job seriously. … Attempted murder charge has no place there. He [robber] came to find him at his job with his gun, he [Diarra] has to defend himself.”

An individual who works nearby the garage, which is across from Moynihan Train Station, was also incredulous.

“You are kidding. That’s an April fool day joke, right?” they asked of the charges against Diarra, adding, “How can a hardworking man get arrested for defending himself?”

That’s a question a lot of New Yorkers are asking about the case. Cops included.

One cop who heard of the attempted murder charge against the parking garage worker snarled, “People like Alvin Bragg have made this city unsafe and this worker is a victim defending himself.”

The accused thief would have been better off if he stuck to stealing, another officer quipped.

“The ironic thing is if he would have just robbed the garage and got caught, Bragg would have let him go, but now he wants to charge both of them,” the officer said.

The attacker, 59-year-old Charles Rhodie, has been charged with attempted murder, assault, criminal possession of a weapon and burglary.

Alvin Bragg Manhattan DA prosecution guidelines
(AP Photo/Craig Ruttle)

DA Bragg doesn’t seem to have really mastered the concept of prosecutorial discretion. No matter what the technical aspects of the law may be surrounding the Diarra incident, charging a wounded man — he was shot in the stomach and the ear — who just disarmed his attacker seems more than a little politically ham-handed, especially given Bragg’s problematic record where upholding the law is concerned.

We’re setting the over-under for the number of days until Bragg once again buckles under public pressure and drops the charges against Diarra at 4½ days. In the mean time, stay tuned.

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      • “Hmmmmmmmm. It seem the NY post has it differently. What’s the truth?”

        The Post reported on April 1, 10:22 :

        “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 said.”

        The next day, April 2, at 3:00, the Post reported :

        “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.”

        Both were the truth, at the time they were reported… 🙁

        • What a POS. How could anyone charge someone for self defense. 🤦‍♂️ It makes me sad for the future.

        • Unfortunately, in “blue” states and cities, it is not an uncommon occurrence. One of the (MANY) reasons I GTFO of KKKalifornia is all the DAs in the metroplex backed up KKKalifornia’s pathological hatred of firearms and the concept of self-defense by regularly charging victims of crime who fought back (with any weapon) and bested the perp. It is about control AND hating guns AND not thinking you have a right to defend yourself, your family, and your possessions. How often do you hear the families of dead perps AND the anti-gun zealots crying, after their beloved “victim” is busy assuming room temperature, “A TV isn’t worth someone’s LIFE!”, after some armed scumbag broke into someone’s home or place of business, got their just desserts, and the cameras were on? I always hear those idiot comments and think, “Yeah, the stupid bastidge shoulda thought about that before he broke into the house.”

      • Do the cops have to arrest someone in order to be charged in a case like this or can the DA just charge regardless? Seems like the latter, but someone must be passing this information to the DA even before the cops have worked out the scenario.

        • The DA can file a warrant for his arrest, based on the police report. Warrant can be served whenever.

  1. if you are not insane it is high time to leave the insanity that is new york. the lunatics are now running the asylum and your district attorney represents the interests of criminals.

    • Kurt, years ago my daughter did ballet. She traveled to NYC. occasionally for dance. A couple of times I had to go and trade off with her mom for extended stays. (Still married, both employed). My first time was two weeks. Enjoyed every day. I would walk my daughter to the Joffery, then have my day to myself. Museums, especially the Museum of Natural History. Two days. Both times I’ve been there. 911 site on the 4th of July. No problems. I wouldn’t go back today. Want to see the Lions of Tsvao in the Field Museum. They’re on my bucket list. Chicago? Today? Yeah.

      • You’re seen all of the US? There are a near infinite # of worthy locations that do NOT involve financing the marxist hives. Stay in the real America.

      • climb the statue of liberty, show my mom her picture on Ellis island, then visit the top of the Empire state bdlg.and ask the guard where the big monkey is…did it all in a day…you’re in …you’re out…only way to do New York…sunup to sundown…

        • Haz. no sarc tag needed, I trust dem controlled elections .
          I trust them to be rigged, fraudulent, stolen
          No sarc

      • Mail-in ballots combined with criminally negligent signature verification and voter rolls that the state and counties refuse to clean up or allow independent groups to examine are an open invitation to fraud. NYC being NYC and leftists being leftists expecting any respect for an honest process is laughable.

    • Justice would be DA Bragg maxing out the Room Temp Challenge with the assistance of a NYC criminal Bragg released after having committed a felonious crime.

      NYC has its Free-shit Addicted Useful Idiot Government Plantation Dwellers to thank for the likes of Bragg being put into office. Well done, Idiots.

      • Yep. I remember all those Libertarians liberals and leftists, who said lying about sex under oath was no big deal.

    • That commie slag rat-bastard never had an actual job in his life. He is a prep-school twerp commie, playing at being a hood rat. “I grew up in Harlem” is his cover. Even Wikipedia can’t cover up his ‘silver spoon’ background.

      Now, I have NO PROBLEM with successful parents getting their children a good education, but Trinity School and Harvard, and living on Striver’s Row? Not exactly a hood rat. He’s as phony as Senile Joe.

  2. Just when I think New York City politicos can’t sink any lower…along comes Bragg to set the bar at a new low.

    He is a living example of what Soros money buys…the embodiment of DEI policies.

    I guess that it’s too much to hope that Democrats in general will change their beliefs and voting based on the amount of Progressive corruption that is daily uncovered in the USA…’cause in their dark little hearts, so full of hatred, they fervently believe that “their ideals will automagically work the next time…”

      • Kinda how the media has flipped the Nashville incident. The shooter is the real victim,,, yes it’s the victims vault in their mind. Progressive=Regressive: it’s a mental disorder.

  3. Well if I ever get thrown in the cross bar hotel by a democRat Ratbassturd like bragg for what would be legal self-defense rest assured the entire facility, judge and jury will know how History Confirms Gun Control in any shape, matter or form is an agenda rooted in racism and genocide…Now if the forum’s newest clown fred t was thrown in jail he would accomplish nothing more than being a batch for a lifer named Bubba.

      • “… just to let you know, I signed a year lease to live in your head – same terms as before (free)”

        Fred, I assure you, it’s your head that’s occupied with Deborah.

        (She’s married and not interested in someone else… 😉 )

  4. This is the main reason that Immunity Veils must be removed from all prosecutors and u.s. attorneys….They must be held accountable for these stunts and intentional acts..

    • maybe that”back door law” they have in Britain?….[if you have one you’re supposed to use it if someone breaks in the front]….”RUN AWAY!….RUN AWAY!”…….

  5. See, this is one of those stories I’ll save to show incredulous people just how much bullshit there is in the world, because that’s unbelievable.

  6. If the black community were honest and serious about the whole “stop killing us” message creating the defund the police movement, then they really need to take a look at this. The Democrat machine is doing it to them. Not Trump or the Republican Party.

  7. New York doesn’t have a functioning “justice” system.

    Bragg is a racist bigot who abuses his prosecutorial power in an arbitrary and capricious manner so as to persecute people who don’t belong to demographics he favors.

    As more and more people lose faith in the fairness of our institutions, this Country is becoming ever more Balkanized. But that’s the intent, isn’t it? Liberal extremists like Bragg are anarchists and they are working from within the system to collapse it so they can rebuild this Country in their own image.

  8. Why can’t criminal charges be brought against Bragg? Dereliction of duty for starters. Public endangerment. Conspiracy to free criminals, contrary to the laws of the land. The city, the state, and the feds all need to get involved, and start hammering these pond scum district attorneys. Throw their asses in prison, where they belong. Then start rounding up some of those BLM and Antifa scum to keep them company.

    And, it would be great if Soros could be roped in with all the conspiracy charges. That ratbastard needs to see the inside of a prison cell.

    • Who is going to prosecute? Certainly no one in New York. The FBI or the Justice Dept. perhaps? You might aswell be trying to throw the book at Hunter Biden because Joe will just pardon him.

  9. It is New York City. They can probably pretty easily find a jury full of communist filth that would vote to convict.

  10. ehm, The Police has to charge, him if they didn’t think there was evidence to back up any law that was broken, then why was the DA picking up the case if the cops didn’t charge him? seems like there is black and white lines that the DA has to follow and can’t just prosecute without jusifying charges based on evidence.

  11. Just what I know, one dead repeat felon and another new felon to fck with.
    The poleece want you to be armed.
    Injustice for All $$$

  12. Hey guys i spent my first day in moderater jail here yesterday. Ive been de-plummed!

    Blaming it on Debbie LoL..making me type genocide and racism

  13. Beginning to think I have been reading and commenting here too long. I can understand the DA charging the robbery victim. Once the robbery victim wrested the gun from the attacker, the threat ended. But then, the robbery victim used excessive force against the robber.

    Understanding this flow of events is quite unsettling; thinking too much like the anti-gun mafia.

    Where did I put that bottle of Ripple?

    • Nothing wrong with acknowledging it’s a possibility, knowing the context of location and people involved is why I tend to dismiss it as trivial in probability.

    • I think you’re correct Sam. I also think dropping the charges might be a pretense for looking reasonable to the general public.

    • (I haven’t seen the video.) Something to keep in mind is that in a life or death situation like this, you’re drunk with a fight or flight adrenaline response. Your line of thinking isn’t quite the same as it is while Monday morning quarterbacking on TTAG. Then consider how a cop, who wasn’t even shot, would usually be treated in this situation. The would-be thief was shot, but he wasn’t killed, just like the victim here. In other words, justice was served. The entire point of having a justice system, with prosecutorial discretion, is to make sure justice is served. Reversing course on this prosecution was probably the right call (haven’t seen the video, and don’t feel like looking it up).

    • but did the threat end?..shooting the robber in the back is one thing…shooting him in the front another…need more details

      • “but did the threat end?”

        The threat of being shot by the robber ended when his gun was taken by the supposed-to-be robbery victim.

        But, overall, you are way overthinking the original comment.

  14. New Jersey is the same.
    New Jersey regularly arrests victims of crime if they dare to even THINK of defending themselves. The victim gets arrested, and the perpetrator who attacked him gets called a “victim” by police and prosecutors. My lawyer explained it by saying, “The state of New Jersey does not recognize any legal right to self defense outside the home.”
    So even though New Jersey is finally letting people apply for CCW permits, there’s not much point in carrying, because if you try to defend yourself, you’ll get arrested. In New Jersey, if you’re attacked by someone, even if you don’t brandish a weapon, if your attacker sees your weapon (or in my case, sees something he THINKS is a weapon even though it’s not a weapon at all!) then runs away and calls the cops, New Jersey will call it “brandishing” even when it’s not and arrest you, the victim, arrest the victim.

  15. Sad when our so called leaders are the criminals!

  16. I didn’t know adam schiff could be stack this high! A gigantic walking talking turd of a d-dumb a-ass! bragg in a hillary bag!

  17. Spanish, OLD MAN, Trying to make a couple of extra bucks Gets attacked Stabs his attacker in self defense in a NY small convenience store, THE VICTIM GETS CHARGED WITH MURDER! NY is OUT RAGED! Murder released with NO BOND kills again! Manhattan DA Charges Victim With Attempted Murder for Defending Himself After Being Shot Twice! 52% of ALL felonies lowered to misdemeanors! The 50% of the Felonies BRAGG lost those cases! …………… Donald TRUMP spits on the side walk………. BRAGG Seeks the DEATH PENALTY! Brag finds out that there is NO DEATH penalty in NY! He brings it back, JUST FOR DONALD TRUMP! This BRAGG has NOTHING to BRAG about! He is an idiot! Waste of space and time! He just does NOT care about NY’s that are victims of crime! THROW THIS BUM OUT! Felonies in NY lowered to Misdomeanors 90% of the time! DONALD TRUMP? Misdomeanor elevated to a FELONY! This GUY is an Idiot!


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