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Judge give FedEx worker charged with attempted murder ultimatum: plea deal with 10-year jail stint, or trial

2019-09-09

A FedEx worker charged in a stabbing attack while on the job was offered an ultimatum Monday: a plea deal with jail time, or trial.

Manhattan judge Ellen Biben told Tyquan Bailey, 23, to think well and hard about his decision — to accept a 10-year prison stint with five years of supervision or head to trial on attempted murder and assault charges that carry a possible 5-to-20-year term if convicted.

“The allegations here are very serious,” Biben told Bailey. “Their is video surveillance which makes it a very strong case.”

“Initially our number was 15 years,” said assistant district attorney Elizabeth Clerkin, appearing to indicate the plea deal is a good one. “After the psych report we reduced it to 12 years but at the courts recommendation, we are at 10 years.”

Bailey, who was released on a $100,000 bail, didn’t immediately respond to the offer. He has until October to decide.

His lawyer, Liam Malanaphy, said Bailey has become a “peaceful member of the community,” and will make the right decision. Bailey was determined to have been in extreme emotional distress at the time of the March 2018 stabbing attack, according to a psych report.

“My client is receiving the treatment he needs and is being a productive member of society. We feel sympathy for the victim,” said Malanaphy after the hearing. "We hope to make the decision that is in society’s best interest.”

Bailey was on the job when he approached the victim, Jack Gindi, 28, from behind and began to repeatedly slash and stab him on Fifth Ave. near 33rd st. in Koreatown, according to prosecutors. Gindi was taken to Bellevue Hospital and survived the attack, officials said.

At a previous hearing, Bailey had claimed the rampage was in self-defense; prosecutors point to video evidence that says otherwise.

Bailey threatened another man who worked in the same building as Gindi on April 16, according to officials. He bumped the 20-year-old victim in the shoulder and told him, “Do you want to start this right now? I’ll rip your f---ing head off,” cops said.