Wild video shows NYC bodega worker allegedly stabbing man to death. Update 7/11 New footage. Girlfriend going to jail

Hey Julian!

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BGOL Investor
The police hasn't said what, but exactly about but it's over more than chips. That's probably is why.

That shit don't make sense. It’s clear in the video ol boy was behind the counter where he’s shouldn’t of been and when the dude tried to get up m, he tried to stop him from going with his hand around dude’s neck. What the fuck else could’ve happened?
 

tallblacknyc

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Certified Pussy Poster
Let’s see how nyc will rule this.. they are very tricky when it comes to self defense.. maybe he gets a reduce charge, maybe they talk about his knife being larger than the approved size , maybe they claim excessive force due to arm vs unarmed, maybe they let him walk..nyc rules make it a toss up.. this is not a stand your grand state, always remember that
 

pookie

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Damn.... Equalizer #3 filming in a Bodega :smh:

Old dude was calm like Denzel, then saw his turn and it was stabbin' time!!!!

that's exactly what it looked like too, when younger dude snatched him up he went right along with it and guided himself to that knife and flipped the script. If he got a $250,000 bond that means the cop trying to find some way to say he could've ended the confrontation without stabbing the other man
 

DMXtreem

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Platinum Member



SELF DEFENSE 100%

The New York Post- Surveillance video captures the moment a Manhattan bodega worker allegedly stabbed a customer to death after the enraged man came around the counter and attacked him over a bag of chips.

The worker is first seen on the shocking video tending to customers from behind the counter at the Hamilton Heights Grocery store on Broadway — when he is suddenly confronted by a younger man.

The customer appears to yell at the store clerk, before shoving him into a shelf, the clip shows.

After several moments, the worker reaches to the right, toward shelves displaying candy.

He pulls out a large knife and plunges it into the younger man’s neck and chest — which quickly becomes covered in blood, the footage shows.

The pair fall away from the camera view as blood begins to splatter on the man’s T-shirt — with the clerk then coming back into focus still holding the bloody knife.

The customer, identified as 37-year-old Austin Simon, was taken to Harlem Hospital, where he was pronounced dead.

The deadly beef reportedly started around 11 p.m. Friday when a woman entered the store with a child at Broadway and 139th Street to buy a back of chips, according to police.

But police said the unidentified woman didn’t have enough cash for the snack and instead stormed out of the store — and summoned Simon.

That’s when Simon charged into the store, went behind the counter and confronted the store clerk, identified as Jose Alba, 51, leading to the deadly stabbing.

Police responding to reports of an assault at the bodega arrested Alba and charged him with murder and criminal possession of a weapon.

Alba was being held on Rikers Island on $250,000 bail Tuesday and is due back in Manhattan court on Thursday.

The "Murder" charge is an obvious mistake!!! Where is the malice and aforethought??? What you have, at best given the video evidence, is a "Homicide", what type is what needs to be determined.
 

Mrfreddygoodbud

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BGOL Investor
there had to have been more to it then just a bag of chips.. dude probably said something,

about her or her children, if it was just about chips, he couldve just grabbed a bag and walk out..

the bodega worker gonna get a lot of support.. maybe Im mistaken but was he assaulted before

he stabbed bruh.. if not.. then he gonna do time..

If the bruh just initiated a little push, that might be enough to get him off..

if the only assault happend when he went to get the knife... Id be surprised if

he got off...
 

Deezz

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BGOL Investor
Guarantee charges will be dropped if this is all there is to the story. I don't see what else there could be, but self defense.

I know that everyone that commits murder has to be put on papers and charged until cleared, but this is a clear case of self defense!

The 250K bond is excessive.
 

DMXtreem

Rising Star
Platinum Member
He should ask for a jury trial if charges are pressed. I have hard time seeing a jury voting to convict after hearing the backstory and seeing the video.
I doubt it makes it to a jury. They'll try to get him to plead-out to a lesser charge, hence the reason for the wrong / overcharge of murder.
 

RoadRage

the voice of reason
BGOL Investor
there had to have been more to it then just a bag of chips.. dude probably said something,

about her or her children, if it was just about chips, he couldve just grabbed a bag and walk out..

the bodega worker gonna get a lot of support.. maybe Im mistaken but was he assaulted before

he stabbed bruh.. if not.. then he gonna do time..

If the bruh just initiated a little push, that might be enough to get him off..

if the only assault happend when he went to get the knife... Id be surprised if

he got off...
Once he decided to step behind the counter it's considered self-defense because all you have to do is prove you felt threatened for your life.
 

November 17

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BGOL Investor
New York State Law: Self-Defense

Self-defense is described in Article 35 of New York’s Penal Law Code. It is also known as “justification,” and describes when defendants are reasonably “justified” in using physical or deadly force to defend themselves.


NY Penal Law 35.15 states:


…a person may use physical force upon another individual when, and to the extent that, he/she reasonably believes it to be necessary to defend himself/herself [or someone else] from what he/she reasonably believes to be the use or imminent use of [unlawful] physical force by such individual.


Justification defines non-lethal “physical force” and “deadly force.” It also describes where it can be reasonably asserted to protect:



  • themselves or others,
  • homes or premises,
  • and to prevent criminal mischief.

Justification is proportional, however, and so much depends on reasonable belief. If an unarmed aggressor punched or kicked you, a jury might sympathize if you punched or kicked back; but if you retaliated with a gun, the jury may believe you reacted disproportionately and unreasonably.


The same can generally be said for retaliating against a verbal threat with physical force. Someone saying they will burn your house down does not constitute an imminent threat and will not make you justified (nor reasonable) in using physical force to harm them.


Assessing imminent danger and retaliation is challenging (and that’s why we have criminal trials) because there are so many factors to consider. Article 35 has been amended and updated several times over the years to address all the variables and will likely continue.
 

Mrfreddygoodbud

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BGOL Investor
Once he decided to step behind the counter it's considered self-defense because all you have to do is prove you felt threatened for your life.

thats true WITHOUT video tho... I think WITH video its gonna show

the bruh had no weapons and was doing nothing but yapping...

which was silly because he couldve stayed behind the counter for that...

nonetheless tho... with video it will be interesting to see how this goes...

also dudes past will be a factor too... if he has a violent one, thats not going to work in his favor..
 

RoadRage

the voice of reason
BGOL Investor
thats true WITHOUT video tho... I think WITH video its gonna show

the bruh had no weapons and was doing nothing but yapping...

which was silly because he couldve stayed behind the counter for that...

nonetheless tho... with video it will be interesting to see how this goes...

also dudes past will be a factor too... if he has a violent one, thats not going to work in his favor..
Why are folks quick to bring up a person who didn't have weapons as if this makes them less of a threat, in the real world there is no way for a person who is under attack to properly conclude the attacker's intentions or whether or not he was armed or not.
When it comes to self-defense the biggest factor is whether or not the guy under attack felt like his life was in danger, and according to that video I, and most people, can see why he felt endangered by that idiot.
 

slewdem100

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BGOL Investor
He thought it was one way....saw the little old man and thought it was gonna be easy...led astray by a POS female that will shed some tears then move on the next...he isnt the first and wont be the last...condolences to his family...not easy when your death serves as a lesson to others
 

jasonblacc

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Registered
I don’t know if it was self defense

other than pushing him he didn’t do anything else physical…. his life wasn’t in danger
 

A to Dah K

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BGOL Investor
Let’s see how nyc will rule this.. they are very tricky when it comes to self defense.. maybe he gets a reduce charge, maybe they talk about his knife being larger than the approved size , maybe they claim excessive force due to arm vs unarmed, maybe they let him walk..nyc rules make it a toss up.. this is not a stand your grand state, always remember that
He def not gonna walk
 
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