Self Defense Or Murder

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TANSTAAFL

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Apparently more of this video was released. The woman stabbed the clerk a couple of times before the clerk started fighting with her boyfriend. Wonder if he had decided to get an attorney before he spoke to the police if he could have avoided jail and bail?
 

Profreedomokie

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They are so soft on criminals in NY might be why they haven't charged the girl. Her man died while committing a crime so, she should be charged with murder. The old guy's shirt could be a cheap knock-off.
 

JEVapa

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No offense, but Wrong. Dude died because he attacked someone that wasn’t going to take a beat down.
We all know the perp was about to have punched the old man, knocking him down and then would repeatedly quick him in the head, leaving him brain damaged or dead. Seen this played out way too many times.

Sadly state lines dictate here. In Oklahoma he’d probably be walking free. In NY, he offended protected people and must pay with his time for most of the rest of his life. Hope he survives prison.
None taken, but he made the decision to die for a bag of tater chips for his girl whose EBT card was dead. That's the point, so not necessarily wrong. If he would have decided that a free bag of chips and a useless EBT card wasn't worth the hassle, he wouldn't have tried beating up an old man and he might be going to check in to his Probie this week or next. But now he's worm food...for some chips and an EBT card.
 

Dr. HK

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Self-defense period. Once he came behind the counter, it because a stand you ground (SYG) situation. Knowing it is NY, I am not sure of their SYG laws.
 

ricco

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It will be an interesting trial to watch.

Branca thinks the Prosecutor will break the incident into two separate fights. Simon pushing Alba but with no further contact, that brings an end to fight number 1. Alba pushes past Simon, Simon grabs Alba's shirt (not an attack rising to the level of a legal deadly force response) starting fight 2, Alba then aquires a knife and kills Simon.

If this does play out as two separate fights Alba will be seen as the aggressor and Simon the victim in the second fight. There is no guarantee the Judge will even give "self defense" as part of the jury instruction before deliberation.

Lot's will depend on the jury and how much money Alba has to spend on a legal team. Will there be money for only minimal hours spent on Alba's case or all the hours needed, will there be money for expert witnesses and such. Last I saw GoFundMe deleted Alba's page, so no help there, maybe that will/has changed.
 

GutsonBorglum

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I know this is NYC but I don't see this going to court. Obviously to any reasonable, rational person this was self defense. That is not why this won't go through the court system in my opinion. It will not because the clerk is hispanic and elderly. This was a working man defending himself. This man will generate so much sympathy from hispanics that the backlash against black privilege (safari rules - if you are in the jungle and get eaten than it is your fault) will be substantial. The juice won't be worth the squeeze.
 

Gideon

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"You're gonna die for some potato chips?"

Someone is..jpg
 

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