The parents of a suspected shoplifter say they don't want the Queens bodega worker accused of stabbing their son to death to end up behind bars.
Dylan Marino died Tuesday after police say he tried to steal a beer from a bodega in Rego Park. The United Bodegas of America said clerk Netesh Netesh chased Marino outside to get the drink back and during a scuffle, stabbed the 21-year-old.
"My child was murdered by a bodega employee over one beer," said Kate DeSommes, Marino's mother.
The clerk was arrested but shortly thereafter released while prosecutors say the investigation continues. The UBA claims the clerk acted in self-defense.
"It's clear to everyone that this man was defending himself and his life could have been taken away," said Fernando Mateo.
DeSommes blasted the UBA spokesman, whom she claims slandered her son as being violent.
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"He was pursued by a bodega employee outside the store. It was absolutely, 100% not self-defense," she said. "This tape has been published."
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News 4 viewed the video DeSommes is referring to, showing what appears to be the clerk first chasing Marino, then Marino chasing the clerk into the street. It is unclear what happened before Marino is stabbed. News 4 has not independently verified the video.
"The DA's office right now, they're accumulating video tape, trying to see exactly what happened," said former prosecutor Michael Bachner. "If Mr. Marino was choking Mr. Netish, or using aggression against him, and Mr. Netesh believed he needed to use deadly physical force to protect himself, no jury in the world would convict."
DeSommes is confident the clerk will be charged in her son's murder, but her sights are set on a specific end goal.
"I do not want him to be incarcerated. I know that will ruin his life," she said. Instead, she wants her son's death to not have been in vain.
"Restorative justice is when the district attorney and the victim and the perpetrator and the perpetrator's representatives come together and discuss the situation," she said. "No one should be incarcerated at Rikers. It is a human atrocity."
Marino's funeral was scheduled for Saturday morning and DeSommes had invited formerly incarcerated Rikers inmates she may have helped to come by his pallbearers.
