Don't forget the DA and NYPD. They charged him with murder for defending himself. That fucking shithole really needs a few more Category 5 hurricanes to spruce it up.
I would be interested to see what angle they're taking here, given that Alba was being physically assaulted by Simon at the time...
The only one I can think of is some shitheel DA asserting that because Alba had a knife within reach it was premeditated or something.
I mean, I'm sure it was premeditated. No doubt at all in my mind that Alba deliberately and consciously intended to open some boxes or something along those lines. Kind of thing you use a knife for, you know?
I would be interested to see what angle they're taking here, given that Alba was being physically assaulted by Simon at the time...
It's in NYC. New York state has the idiocy called "duty to retreat" in it which basically means if you have any possible chance to run away from the person attacking you then you are obligated to take that rather than trying to defend yourself. I'm willing to be that argument in court is going to be that since Alba was able to push past Simon to get the knife (as seen in the video) then he should have kept moving in that direction and run away instead.
since Alba was able to push past Simon to get the knife (as seen in the video)
Doesn't look like he had to push past him at all to me. Looks like Simon picks him up by the scruff of his collar and starts marching him out, and Alba grabs the knife as he's being pushed past it.
It's quite possible you are correct. I'm certain a NYC prosecutor would try to argue that it showed Alba wasn't trapped in the corner though because self defense = bad in NYC.
Honestly, this is a really sketching killing. I never saw one act of lethal force used by Simon. Now, maybe Simon was yelling something about how he'd kill him or something, but if Alba was not being threatened with being killed, and this was (effectively) a strong arm robbery for a bag of chips, there's a real liklihood that this really does warrant a murder charge.
If a guy shoves you, and gets in your face, and calls you a bitch, you actually can't just plunge a knife in his throat, and you are likely to get hit with a charge of murder. Generally, if someone is engaging in simple battery, you can't just start blasting.
Especially, if Alba told the police: "Yeah, as soon as he shoved me, I was gonna get the knife", that would do it for the premeditation.
I'm not honestly sure on that point. As described, Simon is shoving Alba into bits of shop furniture. I imagine he's not being too careful about it, either, so I can easily picture somebody genuinely being worried about being smashed back into something hard enough to knock them out, at which point you're entirely dependent upon your assailant's charity.
Unfortunately, yes, he was. But that's what can be used against him. His assailant wasn't trying to murder him. In fact, he stopped hitting him. He just stood there and intimidated him. If you're gonna argue that you had the right to kill him, he needs to be doing something more than mean-mugging you.
If he's got any chance of avoiding a conviction for murder, there's gotta be saying something about Simon threatening to kill him, and then not letting him leave. At that point, it's an argument that a jury can parse through. Without that, he's genuinely guilty of murder, and his articulation of imminent grievous bodily harm is going to have to be some stretch-armstrong levels of rationalization.
If you watch the video he has his hand on the back of the dudes neck as he gets up to grab the knife. I think at that point old dude can start making a better argument for himself
If a guy shoves you, and gets in your face, and calls you a bitch, you actually can't just plunge a knife in his throat, and you are likely to get hit with a charge of murder. Generally, if someone is engaging in simple battery, you can't just start blasting.
It might be different if Alba can say, "I'm 75 years old and have brittle-bone disease". That way he can say that simple battery gives him the right to use lethal force. Florida actually has a law which explicitly allows senior citizens to assume deadly intent at a certain age when being attacked (which is why the man who shot a guy in the theater over a cellphone argument) got off. But this dude is looking at serious time, and I'm not sure he's gonna get off.
For the most part, all it does is give the defender a better argument: "I'm old and frail, therefore ordinary force done to me by an stronger, younger, man will inflict great bodily harm on me, thus necessitating lethal force to defend myself from the ordinary force which is effectively lethal force in my case."
Was that the case here? Barely, if at all. A shove and a grab? I wouldn't take that risk.
And you end up found out in jail while the person you tried to defend yourself against not only goes free, but has institutional support in keeping you from ever getting out.
Don't forget the DA and NYPD. They charged him with murder for defending himself. That fucking shithole really needs a few more Category 5 hurricanes to spruce it up.
I would be interested to see what angle they're taking here, given that Alba was being physically assaulted by Simon at the time...
The only one I can think of is some shitheel DA asserting that because Alba had a knife within reach it was premeditated or something.
I mean, I'm sure it was premeditated. No doubt at all in my mind that Alba deliberately and consciously intended to open some boxes or something along those lines. Kind of thing you use a knife for, you know?
It's in NYC. New York state has the idiocy called "duty to retreat" in it which basically means if you have any possible chance to run away from the person attacking you then you are obligated to take that rather than trying to defend yourself. I'm willing to be that argument in court is going to be that since Alba was able to push past Simon to get the knife (as seen in the video) then he should have kept moving in that direction and run away instead.
Doesn't look like he had to push past him at all to me. Looks like Simon picks him up by the scruff of his collar and starts marching him out, and Alba grabs the knife as he's being pushed past it.
It's quite possible you are correct. I'm certain a NYC prosecutor would try to argue that it showed Alba wasn't trapped in the corner though because self defense = bad in NYC.
Honestly, this is a really sketching killing. I never saw one act of lethal force used by Simon. Now, maybe Simon was yelling something about how he'd kill him or something, but if Alba was not being threatened with being killed, and this was (effectively) a strong arm robbery for a bag of chips, there's a real liklihood that this really does warrant a murder charge.
If a guy shoves you, and gets in your face, and calls you a bitch, you actually can't just plunge a knife in his throat, and you are likely to get hit with a charge of murder. Generally, if someone is engaging in simple battery, you can't just start blasting.
Especially, if Alba told the police: "Yeah, as soon as he shoved me, I was gonna get the knife", that would do it for the premeditation.
I'm not honestly sure on that point. As described, Simon is shoving Alba into bits of shop furniture. I imagine he's not being too careful about it, either, so I can easily picture somebody genuinely being worried about being smashed back into something hard enough to knock them out, at which point you're entirely dependent upon your assailant's charity.
Unfortunately, yes, he was. But that's what can be used against him. His assailant wasn't trying to murder him. In fact, he stopped hitting him. He just stood there and intimidated him. If you're gonna argue that you had the right to kill him, he needs to be doing something more than mean-mugging you.
If he's got any chance of avoiding a conviction for murder, there's gotta be saying something about Simon threatening to kill him, and then not letting him leave. At that point, it's an argument that a jury can parse through. Without that, he's genuinely guilty of murder, and his articulation of imminent grievous bodily harm is going to have to be some stretch-armstrong levels of rationalization.
he goes to jail for being retarded then, the only words exchanged with police should be "am I free to go?" and if the answer is no, then "lawyer"
If you watch the video he has his hand on the back of the dudes neck as he gets up to grab the knife. I think at that point old dude can start making a better argument for himself
Sure, but not likely a good enough one.
How is this even murder?! You'd think this shit was in the UK, not the US.
How much you wanna bet he'll sit in jail while all these terrorists, thieves, violent crackheads, and nuts go free thanks to their bail law?
If a guy shoves you, and gets in your face, and calls you a bitch, you actually can't just plunge a knife in his throat, and you are likely to get hit with a charge of murder. Generally, if someone is engaging in simple battery, you can't just start blasting.
It might be different if Alba can say, "I'm 75 years old and have brittle-bone disease". That way he can say that simple battery gives him the right to use lethal force. Florida actually has a law which explicitly allows senior citizens to assume deadly intent at a certain age when being attacked (which is why the man who shot a guy in the theater over a cellphone argument) got off. But this dude is looking at serious time, and I'm not sure he's gonna get off.
That depends on the state.
For the most part, all it does is give the defender a better argument: "I'm old and frail, therefore ordinary force done to me by an stronger, younger, man will inflict great bodily harm on me, thus necessitating lethal force to defend myself from the ordinary force which is effectively lethal force in my case."
Was that the case here? Barely, if at all. A shove and a grab? I wouldn't take that risk.
actually, you can.
fuck around and find out is the law of the land.
And you end up found out in jail while the person you tried to defend yourself against not only goes free, but has institutional support in keeping you from ever getting out.
Don't forget criminal possession of a weapon.
What a fucking joke. I carry a knife everywhere, it's so fucking handy, and I've never had to use it as a weapon.