Interesting Self-Defense Case Brewing in NYC

[evillawyer]

Here’s another self defense story
Man arrested for killing rooster in self defense… Hilarious…

Florida gonna Florida

 

[Rasputin_Vol]

Fury at woke Manhattan DA Alvin Bragg for prosecuting hardworking bodega employee, 62, who stabbed career criminal to death in self defense: GoFundMe REMOVES the man's $20k legal fund as he languishes in Riker's on $250,000 bond

There is mounting anger over woke Manhattan DA Alvin Bragg's decision to charge a 62-year-old bodega employee with murder for killing a career criminal in self-defense after the thug attacked him in his store.

His bail has been set at $250,000 - an exorbitant amount compared with the low-or-no cash bail that is routinely given to repeat offenders by Bragg's soft-touch office.

Fury over prosecution of 'hard working' NYC bodega employee | Daily Mail Online

You Mfers are going to eventually learn the hard way that these banks and pay services are not going to support your azzes. But keep playing around in their system dummies.

 

[FLVOL_79]

WTF

Its just like White twitter but less White and grammatically worse.

 

[Vol737]

Remember NYC….you voted for this chaos, over and over. This dude should be acquitted and Bragg should go to Rikers. What a DA! And by that, I mean dumbass.

 

[evillawyer]

Video shows how NYC bodega worker Jose Alba may have been stabbed

 

[Caculator]

Video shows how NYC bodega worker Jose Alba may have been stabbed

Yes, he was stabbed in the back by the DA

 

[volinbham]

I thought I heard that the woman stabbed the bodega worker but she hasn't been charged?

 

[hndog609]

I thought I heard that the woman stabbed the bodega worker but she hasn't been charged?

I've been a bit confused by some of the apparent ambiguity here. Alba "may" have been stabbed? Isn't that something that one would expect to be determined pretty much from the outset? And if he was stabbed by this female how is it even remotely possible she wouldn't be charged?

 

[KB5252]

So from what I can gather NY is charging a guy with 2nd degree murder for defending himself from a guy that NY probably shouldn't even have walking the streets.

I hope the backlash on this is enough that Bragg has to resign.

Bragg should be required to reimburse him for every cent spent on legal fees for defending himself in a case where it is obvious self defense.

 

[KB5252]

I thought I heard that the woman stabbed the bodega worker but she hasn't been charged?

I read that too. The coasts have become some kind of bizarre twilight zone.

 

[Caculator]

I saw video showing her stabbing the clerk in the shoulder/back area

 

[el Jeffe]

Yeah, she stabbed him in the shoulder and the wound got infected while he was wrongfully incarcerated. The DA has said that he considered her stabbing the clerk to be in defense of her boyfriend.

 

[hndog609]

Yeah, she stabbed him in the shoulder and the wound got infected while he was wrongfully incarcerated. The DA has said that he considered her stabbing the clerk to be in defense of her boyfriend.

So to be clear the DA is arguing that attacking a person that's being attacked is lawful justification by way of defending the original attacker?

 

[Caculator]

All this over a bag of chips

 

[Sandman 423]

All this over a bag of chips

well........ Entitlement.

 

[Vol423]

I thought I heard that the woman stabbed the bodega worker but she hasn't been charged?

It's New York. Why would they prosecute the perpetrator of a crime when they can charge the victim?

 

[RollinVol]

All this over a bag of chips

and that she didn't have enough money on her ebt card to pay for

 

[Vol423]

So to be clear the DA is arguing that attacking a person that's being attacked is lawful justification by way of defending the original attacker?

The DA apparently skipped the classes in law school where they covered accessories to crime.

 

[Vol8188]

All things considered, I think he was acting in self-defense. I can't see this guy losing before a jury. But Bragg will probably prosecute nonetheless.

GoFundMe deletes page for NYC bodega clerk who fatally stabbed attacker

What defense is their for prosecuting this?

 

[Vol8188]

Fox is running the story now. This should have never been politicized. Bragg should have dropped the charges after viewing the video.

Politicizing the none political is what leftist like Bragg do

 

[evillawyer]

What defense is their for prosecuting this?

The use of deadly force for self-defense is limited to certain situations under NY law. That's probably what is driving Bragg's decision (not saying I agree with it).

 

[hndog609]

The use of deadly force for self-defense is limited to certain situations under NY law. That's probably what is driving Bragg's decision (not saying I agree with it).

So has any of that actually been released yet? The fact that he (Alba) was attacked isn't under question by anyone as far as I know. Throwing all common sense to the wind I have two possibilities.

1) NY is not a SYG state and, somehow, Alba didn't try hard enough with his "duty to retreat" to suit Bragg.
2) The fact there was a knife stashed close at hand could be construed as intent to use lethal force rather than the aforementioned DTR.

It's weak as hell sauce regardless.

 

[Gandalf]

The DA apparently skipped the classes in law school where they covered accessories to crime.

Oh I am sure he knows what the law is but it doesn’t matter because she has the proper identity card you see. You cannot be guilty of a crime if you are of an oppressed class (unless of course you are guilty of wrong think AKA conservative).

 

[Rickyvol77]

If these suspects were white and the bodega owner was black what would the DA’s position be?

 

[evillawyer]

So has any of that actually been released yet? The fact that he (Alba) was attacked isn't under question by anyone as far as I know. Throwing all common sense to the wind I have two possibilities.

1) NY is not a SYG state and, somehow, Alba didn't try hard enough with his "duty to retreat" to suit Bragg.
2) The fact there was a knife stashed close at hand could be construed as intent to use lethal force rather than the aforementioned DTR.

It's weak as hell sauce regardless.

I think this is the relevant portion of the penal code:

2. A person may not use deadly physical force upon another person
under circumstances specified in subdivision one unless:
(a) The actor reasonably believes that such other person is using or
about to use deadly physical force. Even in such case, however, the
actor may not use deadly physical force if he or she knows that with
complete personal safety, to oneself and others he or she may avoid the
necessity of so doing by retreating; except that the actor is under no
duty to retreat if he or she is:
(i) in his or her dwelling and not the initial aggressor; or
(ii) a police officer or peace officer or a person assisting a police
officer or a peace officer at the latter`s direction, acting pursuant to
section 35.30; or
(b) He or she reasonably believes that such other person is committing
or attempting to commit a kidnapping, forcible rape, forcible criminal
sexual act or robbery; or
(c) He or she reasonably believes that such other person is committing
or attempting to commit a burglary, and the circumstances are such that
the use of deadly physical force is authorized by subdivision three of
section 35.20.