Murder or self defense???

[pcgeek11]

Murder or Self-Defense? New Video Shows NYC Bodega Clerk Stab Man to Death

A clerk for a New York City bodega was charged with killing a man who attacked him behind the counter, but those who support him say that new surveillance video showing the shocking incident could help the worker be cleared of charges.

www.nbcnewyork.com

I was really surprised that this DA had Jose Alba a worker at a convenience store in NYC charged and arrested after he defended himself from an attack by a customers boyfriend that was attacking him over a bag of chips.

I think the stabbing was totally justified and it was on video. I don't know what this DA is thinking. I hope they come to their senses and drop the charges. One thing for sure this asshole won't be attacking any more convenience store workers thanks to Jose.

 

[MomentsofSanity]

The initial altercation was on video but what happened after isn't. Did it go beyond self defense? Not enough information to be able to judge.

I lean to self defense but I wish more was able to be seen in that video.

 

[fskimospy]

The initial altercation was on video but what happened after isn't. Did it go beyond self defense? Not enough information to be able to judge.

I lean to self defense but I wish more was able to be seen in that video.

I agree - there's a big cut in there for some reason. That being said from the available evidence it definitely appears to be self defense to me.

 

[JTsyo]

I agree - there's a big cut in there for some reason. That being said from the available evidence it definitely appears to be self defense to me.

Once the guy is behind the counter and lays hands on him, I'm ruling self-defense if I'm on the jury. Add to that that fact the lady went home and got him to harass the worker.
Video I saw on reddit, most of the fight happened off camera.

 

[MrSquished]

This is one of the few times I agree with Eric Adams and think this is self defense more than anything else

 

[Vapid Cabal]

Prosecutorial misconduct. This is 100% self defense. That DA should be run out of town.

 

[cytg111]

Why is this a high profile story? I am sure this plays out 1000 times pr second i the US? Anyway, you defend your life in any way necessary in that situation, he has shown he is willing to up the conflict level to x, I dont know if x is taking my life, so he goes first.

 

[igor_kavinski]

It's a miracle that guy survived that long. Losing his shit over a bag of chips, how did he get to be 35 years old dealing with the "unfairness" of life? Seems like he was a bully and he had it coming to him.

 

[Moonbeam]

It's a miracle that guy survived that long. Losing his shit over a bag of chips, how did he get to be 35 years old dealing with the "unfairness" of life? Seems like he was a bully and he had it coming to him.

I don't think that killing someone in self defense isn't giving them what is coming to them but simply reacting as evolution intended. No kind of self justification is needed. If anything one might feel pity that a human being grew up in a society that created him in its reflection, someone with such low self esteem as to think he has a right to try to steal back what was long before stolen from him. If you need to assign blame then perhaps it is all of our faults that we won't institute social change. But then, how could we. Society has made us just as pitiful as the guy who died was. You can't blame people who are asleep for what they do in their sleep. My opinion.

 

[rommelrommel]

I’d like to see the whole video, but it sure seems like self defence. How much of a beating should he have taken before defending himself?

 

[Amol S.]

Murder or Self-Defense? New Video Shows NYC Bodega Clerk Stab Man to Death

A clerk for a New York City bodega was charged with killing a man who attacked him behind the counter, but those who support him say that new surveillance video showing the shocking incident could help the worker be cleared of charges.

www.nbcnewyork.com

I was really surprised that this DA had Jose Alba a worker at a convenience store in NYC charged and arrested after he defended himself from an attack by a customers boyfriend that was attacking him over a bag of chips.

I think the stabbing was totally justified and it was on video. I don't know what this DA is thinking. I hope they come to their senses and drop the charges. One thing for sure this asshole won't be attacking any more convenience store workers thanks to Jose.

Being a resident of New York State since birth, I can tell you that NYS does not have a law that supports Stand Your Ground..... thus regardless of the reason... this was murder. Self-defense only reduces the conviction charge/punishment.

 

[Lezunto]

A security video will not show you everything, just a partial fuzzy re-telling of an event.

But it may prove difficult to determine attitude or intent from a video.

I do not care much for Progressives. They seem intent on growing their power and celebrity. And they will turn on Democrats in a heartbeat.

DA Alvin Bragg appears to be devoid of a conscience in this case. But he gets to grandstand as if he's really tough on crime. He's not.

Manhattan voters, you elected this guy. Now, you're stuck with him.

 

[MrSquished]

A security video will not show you everything, just a partial fuzzy re-telling of an event.

But it may prove difficult to determine attitude or intent from a video.

I do not care much for Progressives. They seem intent on growing their power and celebrity. And they will turn on Democrats in a heartbeat.

DA Alvin Bragg appears to be devoid of a conscience in this case. But he gets to grandstand as if he's really tough on crime. He's not.

Manhattan voters, you elected this guy. Now, you're stuck with him.

Your piece of shit traitorous party leader is actually only a celebrity and a con man. So your celebrity comment is very ironic.

I'll take a few dumb DA's and your regular amount of sub par politicians and corruption vs the totally fascist and oppressive corrupt party that is now the GOP. At least 90% terrible people.

 

[rommelrommel]

Being a resident of New York State since birth, I can tell you that NYS does not have a law that supports Stand Your Ground..... thus regardless of the reason... this was murder. Self-defense only reduces the conviction charge/punishment.

Stand your ground doesn’t even apply when you’re cornered and being assaulted.

Self Defence is an absolute defence to a murder charge.

Article 35 NY Penal Law - Defense of Justification | NY Laws

Justifiable use of physical force, conduct which would otherwise constitute an offense is justifiable and not criminal when

ypdcrime.com

 

[kt]

Being a resident of New York State since birth, I can tell you that NYS does not have a law that supports Stand Your Ground..... thus regardless of the reason... this was murder. Self-defense only reduces the conviction charge/punishment.

I am not familiar on how murder charges are carried out in NY, but I recently served as a juror on a murder trial. We were given very specific instructions by the judge before we were sent to the jury deliberation room. If what we saw is the only evidence and there are no other credible eye witnesses, then this man will be found not guilty of any type of murder charges. If I remember correctly, it's called excusable and justifiable homicide. In this case, the justifiable reason is self-defense.

EDIT: I am in CA, not sure if it applies to NY.

 

[mindless1]

It's really pathetic that we live in such a brain-dead, confused world at this point, that we ponder something like this.

It does not matter what happened before the video. It does not matter what happened off the video. Stand your ground doesn't apply when cornered. If you step behind the counter to settle something, you deserve whatever happens to you while you are behind the counter. If the victim fled and was chased out of the store then stabbed, totally different situation because no longer a threat.

Heads should roll on this but I mean the prosecutor, on up, anyone who remotely even considered prosecuting. I deem them more worthy of a prison sentence than this old man defending himself.

 

[mindless1]

Another thing, SCREW Austin Simon's family members, who are bringing out candles NOW to make it an event, but couldn't bother to try to be a better influence on him while he was alive which is highly likely to have prevented this and who knows how many prior encounters with other people before it came to this. He didn't grow up an angel and decide one day to attack someone behind a store counter over a bag of chips. That only happens in extremist movies while in the real world you teach your children to deal with *life*.

It's too late after the fact, his life could have gone a different direction. There are two victims in this and Austin Simon is one of them, but far more to blame than the store clerk because choices...

 

[igor_kavinski]

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theancestory.com

Was on parole coz he assaulted a police officer. He got lucky the first time but he just had to keep pushing his luck.

 

[pcgeek11]

Being a resident of New York State since birth, I can tell you that NYS does not have a law that supports Stand Your Ground..... thus regardless of the reason... this was murder. Self-defense only reduces the conviction charge/punishment.

That makes no sense in this case he was being actively attacked and there was no place to run. Esp since the P.O.S. attacker had him by the collar and dragging him around.

 

[imported_tajmahal]

Stand your ground doesn’t even apply when you’re cornered and being assaulted.

Self Defence is an absolute defence to a murder charge.

Article 35 NY Penal Law - Defense of Justification | NY Laws

Justifiable use of physical force, conduct which would otherwise constitute an offense is justifiable and not criminal when

ypdcrime.com

As usual Amol didn't know and still doesn't know applicable self defense laws.

 

[brycejones]

As usual Amol didn't know and still doesn't know applicable self defense laws.

Is it self defense to blindly kill people in tunnels with hand grenades? Asking for a friend

 

[theeedude]

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.

 

[theeedude]

That makes no sense in this case he was being actively attacked and there was no place to run. Esp since the P.O.S. attacker had him by the collar and dragging him around.

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.

 

[igor_kavinski]

so there was a place to retreat

Retreat where? He's an old man. He surely couldn't outrun the pissed off guy. It would have ended badly for him, either seriously injured or dead.

 

[theeedude]

Retreat where? He's an old man. He surely couldn't outrun the pissed off guy. It would have ended badly for him, either seriously injured or dead.

I am watching the whole video, and when the stabbing occurs, the clerk's on the outside, not trapped between the shelves. But he can make that argument at a trial. It's a bit dubious to me, since the other guy wasn't armed and he was. He could have retreated while holding his knife, instead he started stabbing the other guy in the neck.