At the point Alba grabbed the knife Simon had picked him up by the scruff of his collar and was marching him past the knife to God knows where to do god knows what.
Given the obvious size and fitness differences, the now-or-never choice being presented by being forced out from behind his counter, and the fact he was still being physically restrained and taken against his will, that should cover the bases for inability to retreat and reasonable belief that his life was in danger.
When the choice is take the last possible opportunity to use his only known and reasonably likely means of successfully defending himself, or let himself be abducted by someone with unknown intentions who had already demonstrated a desire to do him bodily harm, he was justified in taking immediate action at the last moment it was presented to him, even if it necessitated lethal incapacitation of his attacker. The argument that a dazed old man who'd just been thrown into a wall can definitely escape that weak collar grip imay not be untenable but certainly isn't beyond reasonable doubt, and should not be basis for a murder conviction.
At the point Alba grabbed the knife Simon had picked him up by the scruff of his collar and was marching him past the knife to God knows where to do god knows what.
You've got that completely backwards. Alba was walking away. Simon grabbed him, and that's literally the only thing that Alba has in his defense for why he had to use lethal force: Simon stopped him from leaving. Simon didn't take him, and wasn't going to take him, anywhere.
I dunno what to say, watch the video again to see if you see what I saw, I guess?
Alba is sat down still after being shoved, has no knife in his hands.
Simon approaches Alba still seated and reaches forward with his right arm, hand is blocked by camera.
Simon pulls back and Alba seems to be tugged left before standing up, can clearly see Simon has a fistful of Alba's shirt from behind his neck.
Simon pushes Alba forward towards scene left, can see Simon's hand holding the shirt pushing in front of Alba's body rather than pulling it back.
As he's being pushed left Alba lunges forward and left off camera and turns to face Simon, knife now in hand.
Simon still has hold of Abla by the shirt collar, dodges his lower body back from a potential blow and reaches for the hand holding the knife with the other.
Actually some new information 100% reversed my position on this.
Simon's girlfriend had a knife and stabbed an employee.
The moment she did this, it is 100% reasonable to assume he would be murdered by either Simon or his girlfriend who'd already used lethal force during the armed robbery.
Adding the intimidation and captivity to that is just icing on the cake.
At the point Alba grabbed the knife Simon had picked him up by the scruff of his collar and was marching him past the knife to God knows where to do god knows what.
Given the obvious size and fitness differences, the now-or-never choice being presented by being forced out from behind his counter, and the fact he was still being physically restrained and taken against his will, that should cover the bases for inability to retreat and reasonable belief that his life was in danger.
When the choice is take the last possible opportunity to use his only known and reasonably likely means of successfully defending himself, or let himself be abducted by someone with unknown intentions who had already demonstrated a desire to do him bodily harm, he was justified in taking immediate action at the last moment it was presented to him, even if it necessitated lethal incapacitation of his attacker. The argument that a dazed old man who'd just been thrown into a wall can definitely escape that weak collar grip imay not be untenable but certainly isn't beyond reasonable doubt, and should not be basis for a murder conviction.
You've got that completely backwards. Alba was walking away. Simon grabbed him, and that's literally the only thing that Alba has in his defense for why he had to use lethal force: Simon stopped him from leaving. Simon didn't take him, and wasn't going to take him, anywhere.
I dunno what to say, watch the video again to see if you see what I saw, I guess?
Actually some new information 100% reversed my position on this.
Simon's girlfriend had a knife and stabbed an employee.
The moment she did this, it is 100% reasonable to assume he would be murdered by either Simon or his girlfriend who'd already used lethal force during the armed robbery.
Adding the intimidation and captivity to that is just icing on the cake.
womp womp