Bragg's office drops attempted murder charge for garage attendant who shot alleged thief

Diarra's lawyer, Charles Clayman, told the Post he suspected authorities had sought to "sort things out" and that "they just didn't have time to start talking to witnesses at that point.

Published: April 3, 2023 4:03pm

Manhattan District Attorney Alvin Bragg's office has dropped an attempted murder charge against a garage security guard who shot a would-be thief after the suspect opened fire.

Moussa Diarra, a garage attendant for a 31st Street garage, encountered suspect Charles Rhodie on Saturday morning and approached the individual, who was looking inside cars in the garage. Suspecting Rhodie was a potential thief, Diarra confronted him, prompting the alleged robber to shoot him twice. Diarra allegedly gained control of the gun and inflicted a gunshot wound on Rhodie in return, according to the New York Post.

Both individuals initially faced charges of attempted murder, assault, and gun possession, the Post reported. Rhodie also faces a burglary charge. The charges against Diarra prompted outrage, but Bragg's office confirmed to the Post on Sunday that it would not pursue any charges against him.

Diarra's lawyer, Charles Clayman, told the Post he suspected authorities had sought to "sort things out" and that "they just didn't have time to start talking to witnesses at that point.

"We are more than pleased with the result," Clayman said. "By this morning, people understood exactly what had happened, what a hero and victim my client was. Obviously not the perpetrator... So all’s well that ends well."

Bragg's record as a prosecutor has come under intense scrutiny amid the indictment of former President Donald Trump. His office has a history of downgrading felony charges, doing so for 52% of felony cases in his first year in office. His felony conviction rate also stood at 51% in that year.

During his first week in office, he signed a "Day One" memo listing various crimes for which he would not pursue prosecutions, though he ultimately reversed course on some of those policies.

Ben Whedon is an editor and reporter for Just the News. Follow him on Twitter.

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