NYC Bodega Worker Who Fought Off Ex-Convict Freed Thanks to Reduced Bail
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https://patriotpost.us/articles/897...nds-himself-is-charged-with-murder-2022-07-13
NYC’s Gross Injustice: Man Defends Himself, Is Charged With Murder
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Good video, I agree with most everything Corriea said.
I did notice this, in comments section of this video a commentor wrote, you don't think you just act.
A defender should always be THINKING .......... about everything. If not, if a person just chooses to run on instinct, or the idiotic mantra "I have the power of RIGHT on my side" not understanding the law and the boundries in the law a person can find themself with a 2nd degree murder charge. There is a chance the charge will be reduced to manslaughter, even so, what does a 5,10,15 year sentence do to 61 year old Alba if he is convicted. Even if Alba is found not guilty (which I suspect he will be) his life as he knew it is over. How does he pay off hundreds of thousands of dollars in legal debt without a detrimental effect on his life.
The world has changed, self defense is longer only about defending against the bad guy, it's about defending yourself from what comes after you've defended yourself from the bad guy, which can be just as life destroying.
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Shouldn't need bail in the first place. Self-defense should not be a chargeable offense.
Agreed, howerver, there are many DA's that will still charge a person just to try to get another conviction. In some places it is all about the numbers.
Does anyone know if NY provides civil immunity if the action is found to be self defense? Im going to take a wild guess they do not, which would mean he could be paying the bum's family for a while even if he does manage to avoid jail time.
John Correia mentioned "proportionality." Regardless of the shop proprietor not being over 65, there is definitely a dis-proportionality when you consider the age difference and physical differences in the build on the younger man compared to the 'soft' physique of the much older proprietor. The knife amounts to at least an equalizer. Also note the premeditation of the younger man. He came with obvious intent to harm or otherwise force submission upon the proprietor by an assault. I don't believe he was there to beg for a bag of chips.
Lacking neither a person of equal stature to the assailant on hand, nor a cop standing by, I believe the proprietor did well by taking advantage of what he had on hand to defend himself - especially in the confines of the bodega, and, with no escape route.
Woody
Lacking neither a person of equal stature to the assailant on hand, nor a cop standing by, I believe the proprietor did well by taking advantage of what he had on hand to defend himself - especially in the confines of the bodega, and, with no escape route.
Woody
If the Prosecutor determines a persons actions were legal "self defense" as defined by state statutes there would be no bail because there wouldn't a charge(s) filed. In Albas case the Prosecutor didn't believe Alba acted in self defense but rather committed murder. The Prosecutor always get's to decided whether or not to file charges. If the state has a Grand Jury system they will decide if the charges warrant a trial. In states without a Grand Jury system the Prosecutor alone makes the decision.
Proportionality is relative in terms of size, strength, age, etc. and open to argument. Where proportionality is less ambiguous is when one person is armed and the other isn't armed, Zimmerman, Drejka, Rittenhouse, et al., and we see it here with Alba. By law just the the sight of what is considered a deadly weapon when brought into a confrontation can result in Aggravated Assault charges. Depending on the state agg assault can result in sentences as long as 20 years, e.g., the McCloskeys in St Louis were looking at 5 years before a plea bargin was struck. Typically, when no weapons are present in a confrontation is one person arming themself with a deadly weapon legal. "Disparity Of Force" is term gun guys like to use to justify to themselves for bringing a deadly weapon to a fist fight. Disparity of force, furtive movement and such usually won't dissuade a Prosecutor from going to trial and a jury will decide their legitimacy.
Proportionality is relative in terms of size, strength, age, etc. and open to argument. Where proportionality is less ambiguous is when one person is armed and the other isn't armed, Zimmerman, Drejka, Rittenhouse, et al., and we see it here with Alba. By law just the the sight of what is considered a deadly weapon when brought into a confrontation can result in Aggravated Assault charges. Depending on the state agg assault can result in sentences as long as 20 years, e.g., the McCloskeys in St Louis were looking at 5 years before a plea bargin was struck. Typically, when no weapons are present in a confrontation is one person arming themself with a deadly weapon legal. "Disparity Of Force" is term gun guys like to use to justify to themselves for bringing a deadly weapon to a fist fight. Disparity of force, furtive movement and such usually won't dissuade a Prosecutor from going to trial and a jury will decide their legitimacy.
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So let's take a look at where an unarmed person being attacked by another unarmed person would probably be justified in bringing a deadly weapon to the fight.
While possible, I can't imagine a Prosecutor anywhere that would not find the use of a deadly weapon legal in this incident.
This is where we get "Disparity Of Force".
While possible, I can't imagine a Prosecutor anywhere that would not find the use of a deadly weapon legal in this incident.
This is where we get "Disparity Of Force".
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