Harlem

NYC Fish Market Worker Not Facing Murder Charge in Stabbing of Brawling Brothers

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The knife-wielding fish market worker arrested for stabbing two brothers accused of attacking employees at a Manhattan shop Tuesday night is not being charged with murder after the death of the younger brother, prosecutors said.

A market worker, 34-year-old Junior Aquino Hernandez, was issued an assault charge at an arraignment Thursday after an initial arrest for the murder of Malik Burrell, the Manhattan Prosecutor's Office said. Hernandez has been accused of delivering the fatal blow to the 25-year-old and several critical stabs to his brother, Robert Burrell.

Chaos broke out at Harlem's Express Fish Market around 9:30 p.m. when Robert Burrell, refusing to pay for his late-night bite, tried to take his shrimp order from the store after arguing with one of the workers, prosecutors said.

The worker caught up to Burrell at the market's door and the two briefly struggled, with the latter delivering a punch to the employee's head. Their fight allegedly continued outside for a few moments before Burrell left and the worker returned to the market.

Prosecutors said Burrell returned a few minutes later with his younger brother, Malik. The two allegedly entered the store, walked passed the front counter and into a section of the market where three workers stood, including the one who previously struggled with the Burrell brother.

A second fight breaks out, this time between all five men.

Malik allegedly goes after the worker who fought with his brother, punching him repeatedly. Hernandez tries to break up the brawl but isn't immediately successful, prosecutors said.

Meanwhile, Robert allegedly picks up a chair and tries hurling it at a third employee, a cook who was holding a knife. That Burrell brother and worker tussle over the chair while Hernandez picks up the dropped knife and stabs Malik twice in the chest, according to prosecutors.

The brothers make a move to exit the store when Hernandez allegedly strikes a second time, stabbing Robert three times in the hand and abdomen, causing a collapse of one of his lungs.

Both brothers were rushed to Harlem Hospital, where Robert required emergency care and his brother ultimately died from injuries sustained in the fight, prosecutors said.

The first employee was also hospitalized for multiple cuts, a broken tooth, and required several staples in his scalp.

Pending a completed investigation, prosecutors were not ready to pursue a murder charge against Hernandez for the death of Malik Burrell. The current assault charge facing the market worker is for the second stabbing at the shop's exit.

Attorney information for Robert Burrell and Hernandez was not immediately made available.

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