NEW YORK (1010 WINS) — The Upper Manhattan fish market worker accused of killing a man during an altercation over stolen shrimp will no longer face murder charges, prosecutors announced Thursday.
Junior Aquino Hernandez, 34, was instead arraigned only on a charge of first-degree assault for the Tuesday night brawl inside the Fish Express Fish Market on St. Nicholas Place in Sugar Hill that killed Malik Burrell, 25, and injured his brother Robert "Bobby" Burrell, 29.
"At the time we are not prepared to go forward with the charges related to the death of Malik pending a full investigation," Assistant District Attorney Mireille Dee said during the court hearing Thursday night, the New York Post reported.
Manhattan Criminal Court Judge Jay Weiner approved prosecutors’ request to free Hernandez on supervised release.
Hernandez, a married father of four with no criminal record, was originally charged with murder, assault and possession of weapons.
He reportedly maintained that he did not mean to hurt anyone following his arrest Wednesday night.
"I’m sorry," Hernandez told reporters outside the NYPD’s 30th precinct. "I didn’t mean to hurt them."
According to prosecutors, Robert Burrell entered the store, ordered shrimp, and then attempted to leave without paying after arguing with a worker.
The worker followed him outside the store, and Burrell punched the worker in the face before fleeing, dropping the shrimp during the fight.
Burrell then returned with his younger brother about four minutes later and went directly to the employee-only area of the store, behind the counter.
Prosecutors said Malik Burrell then started assaulting the worker, who had previously fought with his older brother, repeatedly punching him in the face and head.
Hernandez then attempted to break up the duo, while Robert threw a chair at a third employee, a knife-wielding cook. The cook pushed the chair back in Robert’s direction, and the two struggled over it.
When Hernandez couldn't stop the brawl, he went to get a kitchen knife and stabbed Malik, who was still punching the worker, twice in the torso, according to prosecutors.
As Robert dragged his injured brother out the door, Hernandez allegedly stabbed him three times in the hand and abdomen, causing a collapsed lung that required emergency surgery.
Dee noted that the entire incident "took a matter of 35 seconds," adding that their investigation is continuing "to determine whether the initial stabbing behind the counter was justified."
"We are, however, filing charges with regard to the incident at the door for the stabbing of Robert Burrell," she said.
According to the report, Burrell remains hospitalized and was charged by police with robbery, burglary and assault.
Related
Related
Related
