Probably murder, but I am open to a self defense argument.
Clerk wasn't cornered when he started stabbed, could have retreated. The customer was cornered by the clerk with a knife.
On full video, the clerk was on the outside and not held by the collar when he stabbed, so there was a place to retreat, the customer was cornered between shelves and trying to fight his way out.
Since you are saying "thug" and "P.O.S." you are displaying your own bias here. But on video, it looks like clerk made his way on the outside of the customer while grabbing the knife from near the counter. He was not trapped and could have retreated while holding his knife. I don't see a compelling reason for him to immediately stab the customer in the neck based on this situation. As far you wondering if the "thug" had a knife, he was dead at the end, so it's not like he would hide his knife and the police wouldn't know if that was the case.Well I guess we shall see. I hate to see this even have to go through the court. I'd bet 10 to one that he gets a not guilty if it doesn't get thrown out before it gets to court. He was trying to fight his way out after he was stuck with the knife. The old man got cut too on his arm above the elbow. I wonder if the thug had knife too. Justified homicide in my opinion, this turd got what he deserved for beating on an old man. I have no sympathy for this thug, none.
Since you are saying "thug" and "P.O.S." you are displaying your own bias here. But on video, it looks like clerk made his way on the outside of the customer while grabbing the knife from near the counter. He was not trapped and could have retreated while holding his knife. I don't see a compelling reason for him to immediately stab the customer in the neck based on this situation. As far you wondering if the "thug" had a knife, he was dead at the end, so it's not like he would hide his knife and the police wouldn't know if that was the case.
And, you don't think the clerk could have retreated? His best self defense argument would be that he was disoriented in the heat of the moment and not aware of route to retreat. But that's why we have trials. I think it's kind of silly to expect the prosecutor to be making self defense argument for the defendant.I use the words Thug and P.O.S. because that is what was shown him to be in the video.
By you calling him a "Customer" you are displaying your bias. Nowhere in that video did he appear to be a customer. Customers do not go behind the counter and throw the clerk around. If you see any evidence of him being a customer in the video please take post the Video time stamp of that in here and a link.
I have also watched the entire video.
Bullshit. You obviously didn't watch the video.On full video, the clerk was on the outside and not held by the collar when he stabbed, so there was a place to retreat, the customer was cornered between shelves and trying to fight his way out.
And, you don't think the clerk could have retreated? His best self defense argument would be that he was disoriented in the heat of the moment and not aware of route to retreat. But that's why we have trials. I think it's kind of silly to expect the prosecutor to be making self defense argument for the defendant.
He can tell the court that.I don't think he was afforded an avenue of retreat. He stuck the "Customer" in the neck while the "Customer" was still manhandling him, which was totally justified. The other four sticks were probably in the heat of battle, the neck wound looks to be in a perfect spot if you wanted to end the fight.
Since you are saying "thug" and "P.O.S." you are displaying your own bias here.
But on video, it looks like clerk made his way on the outside of the customer while grabbing the knife from near the counter. He was not trapped and could have retreated while holding his knife.
I don't see a compelling reason for him to immediately stab the customer in the neck based on this situation.
As far you wondering if the "thug" had a knife, he was dead at the end, so it's not like he would hide his knife and the police wouldn't know if that was the case.
I find myself in rare agreement with pcgeek11. We have the luxury of watching the video and properly analyze the situation, but the clerk had a split second to make a decision. Actually, I don't think that was even a decision but rather a response. A fight or flight response is hard to overcome, and everyone is coded different.I don't think he was afforded an avenue of retreat. He stuck the "Customer" in the neck while the "Customer" was still manhandling him, which was totally justified. The other four sticks were probably in the heat of battle, the neck wound looks to be in a perfect spot if you wanted to end the fight.
I am going by what I see in the video. But that's why we have trials. Both sides can present evidence and he can claim self defense.If not his actions, then his prior criminal record speaks for itself.
There was no space between the two, his attacker could have easily tackled him before he went anywhere, and where was he supposed to try to go, towards the girlfriend who started all this and was angry at him as well, enough to call in her violent, criminal boyfriend? He was trapped between two antagonists.
Talking wasn't working when it escalated to being attacked, so what other expectation was there to resolve this? How about fear for your life? What lesser defense tactic has an expectation of working in the favor of the 61 year old, against a much younger, criminal attacking him? Anything less than a potentially deadly blow would have most likely caused Simon to be more violent in return. Alba likely had only one chance to inflict as much damage as possible to disable his attacker. If he didn't need the knife to accomplish this, then he wouldn't have been backed into the corner and pushed down in the first place.
Girlfriend could hide a weapon, and could have even had her own. Remember this is a two on one fight and the instigator is only a few feet away, blocking the exit.
I am going by what I see in the video. But that's why we have trials. Both sides can present evidence and he can claim self defense.
Alba, who suffered stab wounds in the attack allegedly inflicted by Simon’s girlfriend,
At some point, Simon’s girlfriend allegedly pulled a knife from her purse and jumped into the fray, stabbing Alba several times in the shoulder and hand, his attorney said previously
Not every action requires the adjudication of a trial. In this case you are attempting to hold an untrained citizen to a higher standard than a trained police officer would be held too. That is a reversal of how the system should work.I am going by what I see in the video. But that's why we have trials. Both sides can present evidence and he can claim self defense.
He can tell the court that.
Isn't that normal though? I mean cops get off with killing people for no obvious reason all the time. If we let everyone kill anyone they please and then say they felt threatened, that's no sort of society to live in. I think having trials is good to deter people from misusing self defense.Not every action requires the adjudication of a trial. In this case you are attempting to hold an untrained citizen to a higher standard than a trained police officer would be held too. That is a reversal of how the system should work.
Isn't that normal though? I mean cops get off with killing people for no obvious reason all the time. If we let everyone kill anyone they please and then say they felt threatened, that's no sort of society to live in. I think having trials is good to deter people from misusing self defense.
We shouldn’t drive people to financial ruin for defending themselves.
I'm surprised she isn't in jail since she started this whole thing.I wonder if there's some way to charge the girlfriend with something. She's certainly not innocent, though it would be hoping too much to get a manslaughter charge against her for her part in this.
I am going by what I see in the video. But that's why we have trials. Both sides can present evidence and he can claim self defense.
Looks like there won't be any trial as the DA moved to dismiss the charges and a judge dismissed the complaint.
Seems like the correct decision to me.
Judge dismisses murder charge against bodega clerk who claimed self-defense in fatal stabbing | CNN
A Manhattan judge dismissed a murder charge Tuesday against a bodega worker who fatally stabbed a man earlier this month in what the worker's legal team argued was a case of self-defense.www.cnn.com