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.
Oh yeah, I don't expect anything charitable from the prosecutors. I just didn't want anyone accidentally conflating what a prosecutor might argue with an accurate representation of the situation.
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.
Oh yeah, I don't expect anything charitable from the prosecutors. I just didn't want anyone accidentally conflating what a prosecutor might argue with an accurate representation of the situation.