By Shayna Jacobs
DNAinfo Reporter/Producer
MANHATTAN SUPREME COURT — The fate of a man charged with killing a fellow patron at a late night falafel truck in Midtown is now with a Manhattan jury.
Deliberations began Wednesday in the trial of Ziad Tayeh, 26, who said he was acting in self defense on Oct. 28, 2006 when he lunged at 19-year-old Tyrone Noel Gibbons with a switchblade.
Tayeh admits that after he bought food at the 53rd and Sixth Avenue truck he drove down the street with his window rolled down, screaming at Gibbons, his brother Shannon and their friend, Chandradat Deodat.
After turning left on Seventh Avenue, Tayeh said the other car pulled in front of him. The Gibbons brothers and Deodat jumped out, surrounded his white Lexus on foot and demanded he step out and fight them, he said.
Tayeh said he only pulled a knife to scare the men off, and only fought back because Gibbons charged at him and held a knife to his neck.
Deodat, who admitted to lying to a grand jury and police when initially he told them that Gibbons was unarmed, supported Tayeh's position on the stand during the trial.
The victim held a Swiss Army knife against Tayeh's face and told Deodat to "shut the f*** up" when he advised his friend to calm down, Deodat testified.
Prosecutors contested the self-defense theory, instead arguing that Tayeh stabbed Gibbons in a pride-driven rage. Gibbons' death would have been avoided had Tayeh driven away from the scene or called police, they argued.
"If you do not want to protect your manhood, you leave," said assistant district attorney Randolph Clarke in closing arguments.
"He was waiting for a reason," Clarke said. "He wanted an opportunity and he was ready to use his knife."
