Wallkill, New York

From the Middletown Times Herald-Record of August 17, 2006

Owner cleared of shooting ex-employee

When Simon Shing-Lee got word last month that criminal charges against him for shooting and critically wounding his former employee were being dropped, he was relieved, he said, but not really happy.

Lee openly admitted to the Jan. 23 shooting of Jiu Li, a former cook at the Jumbo Buffet Chinese restaurant in Orange Plaza on Route 211. But Lee, who co-owns the restaurant, maintained that he shot in self-defense after Jiu Li came at him repeatedly with punches.

On July 25, a grand jury decided not to indict Lee, ruling what is called a no true bill. Lee was cleared of charges of first degree assault and first-degree criminal use of a firearm and got his $100,000 bail back.

It was a relief, Lee said, but he was not happy with the outcome. Police believe that Jiu Li suffered a spine injury and would likely never walk again. Jiu Li could not be located.

"I can't be happy if I did something to harm somebody," Lee said. "I never intended to harm anybody."

Jiu Li had worked at the restaurant only nine days, when a Hispanic dishwasher told the owner on Jan. 22 that Jiu Li threatened him with a knife. That night, a Sunday, Lee said he fired the cook.

On Monday, after closing, Lee stopped by the house where he boards his workers at 12 Franklin St. in Middletown. Jiu Li was still there and the two got into a heated argument.

Jiu Li punched Lee repeatedly in the face and neck, Lee said. Lee fell back and his gun came loose. It was in his hand, he said, when Jiu Li lunged again.

During the struggle, Lee fired one shot. Then he called Middletown police.

Lee didn't testify before the grand jury. But there were four other witnesses: two Hispanic workers, a Chinese worker who stuck around when the others disappeared, and Lee's mother, who was with him the night of the shooting.

The Hispanic men recounted incidents in which Jiu Li "tried to start trouble," Lee said.

"We provided information of instances where he was aggressive not only to my client but to others working there," said Lee's lawyer, Martin Goldberg. "It assisted the grand jurors in establishing state of mind on the part of Mr. Lee."