Murder charges dropped against New York fishmonger accused of fatal stabbing

The Manhattan District Attorney’s office on Thursday dropped murder charges against a Harlem fishmonger accused of stabbing a man during a fight over stolen shrimp.

Junior Aquino Hernandez, 34, was instead arraigned only on charges of assault in the first degree over a Tuesday night hand-to-hand fight at the Fish Express fish market that killed 25-year-old Malik Burrell and his brother Robert “Bobby” » Burrell, 29 wounded.

“At this time, we are not ready to press charges related to Malik’s death pending a full investigation,” Assistant District Attorney Mireille Dee said in a high-profile statement during Thursday night’s hearing.

Manhattan Criminal Court Judge Jay Weiner granted the prosecutor’s request for supervised release of Hernandez.

Hernandez, a married father of four, looked exhausted and hugged his relatives in relief after the hearing.

Police officers initially charged Hernandez, who has no criminal record, with murder, assault and possession of a weapon.

The fishmonger claimed he didn’t mean to offend anyone after his arrest on Wednesday night.

“Sorry,” a sullen Hernandez told reporters outside the NYPD’s 30th Precinct. “I didn’t mean to offend them.

Prosecutors say Robert Burrell entered the store and ordered shrimp, but then tried to leave without paying after he got into an argument with a worker.

The employee followed him outside the store, and Burrell punched the worker in the face before rushing away, dropping a shrimp during the fight.

About four minutes later, he returned with his little brother and headed straight for the employee-only area behind the counter.

Malik Burrell then began attacking the worker, who had previously fought with his older brother, repeatedly punching him in the face and head, prosecutors said.

Hernandez tried to separate the two, but in the meantime, Robert threw a chair at a third employee, a cook who was holding a knife, the district attorney’s office said. The cook pushed her chair back towards Robert, and they both climbed up behind him.

When Hernandez was unable to stop the fight, prosecutors said, he went for a kitchen knife and stabbed Malik, who was still hitting the worker, twice in the torso.

The fight between all five continued in the aisle to the store’s exit.

As Robert dragged his wounded brother out the door, Hernandez allegedly stabbed him three times in the arm and stomach, causing a lung to collapse, requiring emergency surgery.

“This whole incident took 35 seconds,” Dee said in a Manhattan criminal court.

“We are continuing the investigation to determine if the initial stabbing behind the counter was justified,” she added, referring to Malik’s fatal wound.

“However, we are pressing charges in connection with the incident at the door with the stabbing of Robert Burrell.”

Burrell, who remains in the hospital, has been charged by police with robbery, burglary and assault. He expected arraignment on Thursday evening.

“We understand the gravity of this incident,” Dee said during the Hernandez hearing. “We are fully aware that a young man has died and his brother is seriously injured.

Our goal is to conduct an exhaustive investigation.”

The case bears a chilling resemblance to the murder of Austin Simon on July 1 by 61-year-old wine cellar worker José Alba, who claimed to have acted in self-defense when the victim burst in from behind the counter and pushed him.

Alba was initially charged with murder, but the case was eventually dropped and he now plans to file a multi-million dollar lawsuit for wrongful prosecution.