NEW YORK (1010 WINS/WCBS 880) – A Queens liquor store owner was charged after he shot and wounded an accused shoplifter, who was also charged, as the men fought on a street outside the store this week, prosecutors said Wednesday, as a group representing bodega owners described the shooting as accidental and an act of self-defense.
The Queens D.A.’s Office announced the charges against the three men in connection with the botched shoplifting and subsequent shooting at Franja Wine and Liquors in Ridgewood on Monday evening.
“Two crimes, inside and outside a liquor store, resulted in three people being charged in this case,” D.A. Melinda Katz said in a statement.
According to the D.A., the stolen liquor was recovered, but as the two “brazen thieves” were escorted from the store, one of them attacked the owner. “Unfortunately, as alleged, that led to the reckless shooting by the store owner on a public street in broad daylight,” Katz said.
The store owner, Francisco Valerio, 53, of Brooklyn, was arraigned Tuesday night on charges of assault in the second and third degrees, reckless endangerment in the first degree, and criminal possession of a weapon in the fourth degree. He was released without bail and faces up to seven years in prison if convicted of the top count. He's due back in court July 29.
One of the alleged shoplifters, Edwin Poaquiza, 20, of Brooklyn, was also charged Tuesday with petit larceny and faces up to 364 days in jail if convicted. He's due back in court July 24.
Poaquiza's alleged accomplice, Kevin Pullatasi, 20, of Brooklyn, remained hospitalized Wednesday for treatment of a gunshot wound. Charges against him were pending.
The altercation happened around 7:40 p.m. Monday at the liquor store on Wyckoff Avenue, near Putnam Avenue. Valerio’s brother, who works at the store, allegedly saw Pullatasi take a bottle of Cîroc vodka from a shelf and conceal it under his jacket. Meanwhile, Valerio also saw Poaquiza take a liquor bottle from a store shelf and place it inside his jacket, prosecutors said.
The brothers demanded that the men leave the store, and they went outside onto the sidewalk, where a “heated” argument continued between the four of them, prosecutors said.
The men walked away, but the brothers continued to “verbally engage” Pullatasi, who ran back and was allegedly kicked by one of the brothers. Pullatasi then kicked both of the Valerios, punched them and tried to slam the front door on their hands, according to the D.A.
Francisco Valerio, who has a concealed carry permit, then took out his firearm, which had been concealed on his waistband, and shot Pullatasi as he was attempting to pistol-whip him with the gun, prosecutors said.
Pullatasi was struck in the abdomen and transported to an area hospital, where he was being treated for internal bleeding from the gunshot.
A 9 mm semi-automatic pistol was recovered at the scene, prosecutors said.
The United Bodegas of America, an association that represents bodega owners, said Wednesday that the shooting was an act of self-defense. The group said it has been in touch with the Valerio family and is supporting Francisco, who they described as a married father of two with no criminal record.
According to the group, video from the scene shows he “did not intentionally discharge the weapon.”
In a statement, UBA president Radhames Rodriguez said: “We are threatened, robbed, assaulted and looted every day and the bad guys get away with it. They are freed without bail and nothing ever happens to them. When we fight back we are jailed and in some cases prosecuted. This must stop.”
UBA spokesman Fernando Mateo said the alleged shoplifters are “frequent flyers” who have a history at the liquor store. “Most times we do nothing and they keep coming back again and again,” Mateo said. “When we stand our ground and fight back we become the criminal in our own businesses.”
The UBA urged the D.A. to drop the charges.
“Jose Alba, Netesh Netesh and now Francisco Valerio are all victims not criminals,” Mateo said.
Alba is a former Harlem bodega clerk who was charged with second-degree murder—and then had the charge abruptly dropped by the Manhattan D.A. amid public outcry—after he stabbed a customer who’d attacked him in July 2022.
Netesh is a bodega worker who allegedly stabbed a suspected robber to death in Rego Park earlier this month. No charges have been brought in that case, and at last check the Queens D.A.’s Office said it had “no comment” amid the ongoing investigation.