Posted on: May 31, 2023 08:32 PM

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Update on the morgue to home incident in Kew Gardens

The Queens DA's Office confirmed the male, 65 who fired from a gun toward a robbery suspect in Kew Gardens early this morning will not be charged with murder. Instead, charges will file for illegal use of a firearm. The man has a gun permit but not for the gun used. Also, the man had no criminal history.

From the DA's Office, here is the update.

The surveillance video showed the suspect, a career criminal approached from behind while menacing with a weapon which turned out to be a pen. This is when the man walked backward taking the gun out and warned the suspect to walk away according to a witness who was the super of the building.

The suspect continued to taunt the man and got closer when the round of bullets went airborne.

The suspect, male, 32, went to the morgue and the man will be heading home pending bail.