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

[November 17]

So cats really get 3.5 if they get knocked with a gun? No papers, plea coppin', nothing? So a cat gets knocked on the humble he gone? If that's true, no wonder why we don't hear about 'muh straw purchases' in NYC. I knew NYC was strict, but I thought cats could at least pay for papers.

What about self-defense? Judging by this case, the SD laws must be terrible.

SECTION 265.03

Criminal possession of a weapon in the second degree

Penal (PEN) CHAPTER 40, PART 3, TITLE P, ARTICLE 265

§ 265.03 Criminal possession of a weapon in the second degree.

A person is guilty of criminal possession of a weapon in the second
degree when:

(1) with intent to use the same unlawfully against another, such
person:

(a) possesses a machine-gun; or

(b) possesses a loaded firearm; or

(c) possesses a disguised gun; or

(2) such person possesses five or more firearms; or

(3) such person possesses any loaded firearm. Such possession shall
not, except as provided in subdivision one or seven of section 265.02 of
this article, constitute a violation of this subdivision if such
possession takes place in such person's home or place of business.

Criminal possession of a weapon in the second degree is a class C
felony.



Does NY Have Mandatory Minimum Sentencing Laws for Using a Gun?
Most of the time, judges have discretion when determining how an offender should be sentenced, at least within a given range of possibilities. However, because it is a gun crime which is categorized as a violent felony, the criminal use of a firearm is subject to New York’s mandatory minimum sentencing laws. Under NY Penal Law § 70.02, which establishes sentences of imprisonment for violent felony offenses, defendants who are convicted of criminal use of a firearm will face the following mandatory minimum prison terms:

• Class C Violent Felony – Criminal use of a firearm in the second degree is a Class C violent felony, for which the minimum term of imprisonment must be at least three and a half years. The maximum prison term is 15 years.
• Class B Violent Felony – Criminal use of a firearm in the first degree is a Class B violent felony, for which the minimum term of imprisonment must be at least five years. The maximum prison term is 25 years.

(It’s important to note that the minimum and maximum prison sentences described above relate to most but not all violent felonies. Certain offenses, such as the Class C violent felony of aggravated manslaughter in the second degree, carry even longer prison terms.)

However, for unlawful possession;
3. Term of sentence.  The term of a determinate sentence for a violent felony offense must be fixed by the court as follows:
(b) For a class C felony, the term must be at least three and one-half years and must not exceed fifteen years, provided, however, that the term must be:  (i) at least seven years and must not exceed twenty years where the sentence is for the crime of aggravated manslaughter in the second degree as defined in section 125.21 of this chapter;  (ii) at least seven years and must not exceed twenty years where the sentence is for the crime of attempted aggravated assault upon a police officer or peace officer as defined in section 120.11 of this chapter;  (iii) at least three and one-half years and must not exceed twenty years where the sentence is for the crime of aggravated criminally negligent homicide as defined in section 125.11 of this chapter;  and (iv) at least five years and must not exceed fifteen years where the sentence is imposed for the crime of aggravated criminal possession of a weapon as defined in section 265.19 of this chapter;

 

[380snubnose]

Automatic 3 and a half yrs in nyc without a license.. in fact he definitely would be doing time if he shot ole boy instead and he didn’t have a license

Not 3..seven now bruh

 

[TENT]

Didn't she stab him AFTER the old man stabbed up her boyfriend?

She grabbed the knife and stabbed the old man. As seen in the video.

 

[TENT]

This!

Thank you for sharing your opinion even if it is not popular!

That old man WANTED to kill a black man. It is obvious. I know how it goes down in NYC.
Lots of old school spanish cats HATE niggas. He just wanted a reason.

You disrespect a child. Of course a parent is going to say something to you.

You aint have to pull out a knife and stab a man in the neck several times on some Michael Myers shit.

Me and some colleagues were having a debate about this. Honestly Juan should get locked up. In the original video you can clearly see that he had a pink bottle of pepper spray stashed next to the cigarette lighters. When the guy came in and cornered him he had plenty of time to grab the spray and use it. Instead he opted to grab a knife and stab dude to death when he was only shoved and grabbed. If pushing someone and grabbing their shirt is a death sentence then a lot of us should be in the dirt.
The black dude was 100% wrong and most likely a piece of shit but he definitely didn't deserve to die for a push and a grab.

 

[hardawayz16]

Most people in nyc have some form of weapons stashed cause we would rather survive than die.. but most of us know nyc got some dumbass laws.. once the smoke clear it can go either way depending on the situation..

 

[HAR125LEM]

The descriptive terms below are fucking unbelievable. Talk about slanted journalism - has to be a CAC.


Shocking new video obtained by The Post shows the harrowing moment Manhattan bodega worker Jose Alba was apparently stabbed himself while fending off and fatally slashing a violent ex-con who attacked him. In the chilling footage, Alba, 61, battles back and slashes career criminal Austin Simon inside the Manhattan bodega July 1 — as the former convict’s girlfriend appears to pull a knife from her purse and stab the worker. Simon was later pronounced dead, while Alba was charged with his murder. The footage provides a new view of the bloody exchange. Simon’s unidentified girlfriend has not been charged in the case. The new footage shows Simon, 35, from a different angle going behind the counter and confronting Alba, who then scuffles with the younger man and pulls a knife from a candy shelf. Alba is seen repeatedly stabbing Simon and, after a few moments, the woman who has been identified as Simon’s girlfriend appears to take a knife from her purse and stab the worker. Police sources said Alba was stabbed during the assault but that the girlfriend denied to cops that she knifed him. The bodega clerk’s lawyer said during his arraignment last week that Simon’s girlfriend stabbed the worker three times in the shoulder and hand. The new footage shows Simon then laying to the back of the register in a pool of blood. Alba is seen in the background still holding the bloody knife. The girlfriend is seen crying and seems to be attempting to revive Simon at one point. Police arrive and take Alba, who suffered apparent stab wounds to the shoulder, into custody. The video comes after earlier surveillance clips showed Alba getting thrown into a wall by Simon, and another of Alba pleading with the younger man after he storms in. “Papa, I don’t want a problem,” Alba says in one of the earlier clips. The hard-working immigrant was charged with second-degree murder and ordered held on $250,000 bail until prosecutors negotiated a $5,000 bond last week.

It's..THE NEW YORK POST, Bruh.

Black New Yorkers know Da Deal.

 

[November 17]

This!

Thank you for sharing your opinion even if it is not popular!

That old man WANTED to kill a black man. It is obvious. I know how it goes down in NYC.
Lots of old school spanish cats HATE niggas. He just wanted a reason.

You disrespect a child. Of course a parent is going to say something to you.

You aint have to pull out a knife and stab a man in the neck several times on some Michael Myers shit.

New York Consolidated Laws, Penal Law - PEN § 35.15 Justification;  use of physical force in defense of a person



1. A person may, subject to the provisions of subdivision two, use physical force upon another person when and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person, unless:

(a) The latter's conduct was provoked by the actor with intent to cause physical injury to another person;  or

(b) The actor was the initial aggressor;  except that in such case the use of physical force is nevertheless justifiable if the actor has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened imminent use of unlawful physical force;  or

(c) The physical force involved is the product of a combat by agreement not specifically authorized by law.
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 .

Just as "Stand your Ground" was the basis of the Zimmerman case, the "Duty to Retreat" may be the basis of this case:

Duty to Retreat

What the stand your ground and castle doctrine have in common is that there is no duty to retreat. According to the duty to retreat principles, when an individual is under immediate threat of harm, they are required to retreat from the threat as much as possible. Only then, can the individual use force for self defense purposes; the use of deadly force is considered a last resort.

Of course there are more factors to be considered during a jury trial, however, the jury will have to decide did Mr. Jose Alba have an opportunity to retreat from Mr. Simon and was the use of deadly force (knife) his last resort ?

On a personal note, I see the New York Post, Fox News (same parent company), Newsmax ,as well as others are presenting their own narrative on this situation, but I would like to know was Mr. Simon employed? Was he attending school? Did he have a family? Since time immemorial, there is a tendency in the media to "dehumanize" black people whether they are the victims or the perpetrators in this society.

 

[dik cashmere]

That bitch got him killed. Alba was not fucking around. However, he could've been nice and let that $3 go

You can’t be “nice” in ny and start giving away your products. The whole hood would walk out with everything then boom store closed due to no profit

 

[dik cashmere]

The GF stabbed the bodega worker 3 times.

Oh shit!!!! I didn't know that part either. Fuck dat bitch!!!

News just said she stabbed Alba with a knife she pulled from out of her bag

 

[Louis Koo]

You can’t be “nice” in ny and start giving away your products. The whole hood would walk out with everything then boom store closed due to no profit

Some Bodegas allow it for regulars

 

[OutlawR.O.C.]

News just said she stabbed Alba with a knife she pulled from out of her bag

Yeah if you watch the last video posted from a different angle you can see the old man still had his knife in his hand after she stabbed him.

 

[ViCiouS]

Some Bodegas allow it for regulars

you can't treat them like assholes and expect credit or gratis

 

[dik cashmere]

Some Bodegas allow it for regulars

Even that has a limit

 

[TENT]

Nigga it is a bag of chips to a little girl. He ain’t have to snatch it out her hand. Stop with the fuck shit.

Even that has a limit

 

[Megatron X]

Yeah.
The GrandParents used to live (They've both passed on)in Riverview Towers on 139th and Riverside Drive.
Moved there in '72/'74.
The Mom's is still around 145th and Riverside.
As with My Sister who still lives in the area too.
Saw that neighborhood go through many changes before I moved out West for a bit.
When I first moved back in '03, I had to stay with various Family before I finally secured my own place not far away.
I saw Red Sox shit all over the area.
That was a sign to Me.

My "plan" when I moved back to NYC was to be back in Harlem.
What's these days called "Morris Heights" in Da Bronx, where The Mom's, Sis, and I lived from the 60s to the early 70s wasn't an option.
Now I'm wanting to leave this city again.

I've not had personal issues with Dominicans for the most part.
But I've been around Spanish (Puerto Ricans to Dominicans) folks long enough from the 60s on to know a lot of those folks are straight-up Racist.
Though I'd have to say that most of the Latin American Peeps I met out West were pretty cool.

You can see the racial lines being drawn over this (latest) incident.
Any Black Person in that neighborhood (like elsewhere) has to deal with BOTH Racist White Gentrifiers and Latinos.
They just have NO Respect for Black Residents. Even The Elders who've live in Harlem/Washington Heights for like ever.
The Older Black Folks I know in the area all talk about it.
It's just that They aren't seen as so much a threat.

For this Brother to throw his manhood around over some DAMN CHIPS is sad and disgusting.
Even sadder is that his chick ain't gonna give a shit in a few months.
She'll just get another emotional knucklehead to knock her up, and do her bidding.

All these Bodega Markets on practically EVERY FUCKIN' CORNER in the area.
These nit-wits couldn't go to another one?
With a cheaper price?

Wait a minute I thouht in NYC, blacks and hispanics were cool or got along? That's all I use to hear all the time. That type of shit I thought was only in LA or it was a Mexican thing.

 

[dik cashmere]

Nigga it is a bag of chips to a little girl. He ain’t have to snatch it out her hand. Stop with the fuck shit.

No one saw him snatch it. I’m not going on the word of a female who gassed her man up to go at the bodega man. Yes we know latins are racist towards us however some of us are respected no matter who’s store we walk in. Ain’t no fuck shit on my side champ

 

[eagle force]

You can’t be “nice” in ny and start giving away your products. The whole hood would walk out with everything then boom store closed due to no profit

the problem is all of them bodega workers are assholes in general to black ppl in NYC

 

[Megatron X]

the problem is all of them bodega workers are assholes in general to black ppl in NYC

I thought blacks and Latinos in nyc were one??? I kept hearing blacks in nyc say how well they get along with Hispanics!

 

[eagle force]

I thought blacks and Latinos in nyc were one??? I kept hearing blacks in nyc say how well they get along with Hispanics!

nope. the opposite is true

 

[tallblacknyc]

I thought blacks and Latinos in nyc were one??? I kept hearing blacks in nyc say how well they get along with Hispanics!

Shouldn’t you be defending Boston with all them klan members that was marching in your town

 

[RoadRage]

 

[RoadRage]

 

[NightMare Paint]

Shouldn’t you be defending Boston with all them klan members that was marching in your town

This nigga regularly buys Hispanic ass but he ain't rocking with them today I guess. Price of the dick going up.

 

[Megatron X]

nope. the opposite is true

I see how all them spics unite to protect Alba after killing the black dude. So, it’s not an individual thing. They get on code against black people.

 

[3rd__Optic]

I see how all them spics unite to protect Alba after killing the black dude. So, it’s not an individual thing. They get on code against black people.

Precisely why we need to relearn that shit. We used to Unite as well.

 

[RoadRage]

I see how all them spics unite to protect Alba after killing the black dude. So, it’s not an individual thing. They get on code against black people.

In Trinidad, some creep was trying to extort my brother-in-law who is a wealthy businessman. One day he got a phone call from dude talking about, his wife looks good in the red outfit he sees her in. He immediately called his wife, asking her what color outfit she had on, and when she said red he knew this was going to be a problem.
Well he went to the cops and they said there wasn't anything they can do, but one did direct him to a bunch of other business owners who had similar complaints and when they all got together they put one and one together and managed to figure out who the creep was.
Once again they went to the cop who was cooperative but to their dismay, he told them they still don't have enough information to bring the creep in, even though there appeared to be past evidence of him actually kidnapping people, but that cop gave them the information to where he lived telling them that if they take out the trash make sure there is no evidence and he'd turn a blind eye.
Those guys got together one day after another phone call, beat him up at gunpoint, tied him up, and dumped him in the ocean.
I say all of this to say, store owners, homeowners, and business owners often do stick up together, regardless of race, knowing that if one is able to get attacked and get away with it, who's to say it won't happen to them. The only code they are thinking about is safety and protection in a very dangerous job.

 

[RoadRage]

Precisely why we need to relearn that shit. We used to Unite as well.

Who is we? The pieces of shit who think it's OK to attack someone just because their EBT card declined? Fuck those pieces of shit, and those who think like them. Now if you get a story about a bunch of Dominicans attacking a black man in his home for no reason, killing him, holla at your boy, because I'd be first in line, but unless you have evidence that it was a racial attack, that dead criminal only got what was coming to him!

 

[dugington]

In Trinidad, some creep was trying to extort my brother-in-law who is a wealthy businessman. One day he got a phone call from dude talking about, his wife looks good in the red outfit he sees her in. He immediately called his wife, asking her what color outfit she had on, and when she said red he knew this was going to be a problem.
Well he went to the cops and they said there wasn't anything they can do, but one did direct him to a bunch of other business owners who had similar complaints and when they all got together they put one and one together and managed to figure out who the creep was.
Once again they went to the cop who was cooperative but to their dismay, he told them they still don't have enough information to bring the creep in, even though there appeared to be past evidence of him actually kidnapping people, but that cop gave them the information to where he lived telling them that if they take out the trash make sure there is no evidence and he'd turn a blind eye.
Those guys got together one day after another phone call, beat him up at gunpoint, tied him up, and dumped him in the ocean.
I say all of this to say, store owners, homeowners, and business owners often do stick up together, regardless of race, knowing that if one is able to get attacked and get away with it, who's to say it won't happen to them. The only code they are thinking about is safety and protection in a very dangerous job.

Let me guess... this happened in Laventille.

 

[RoadRage]

Let me guess... this happened in Laventille.

Closer to Sando.

 

[3rd__Optic]

Who is we? The pieces of shit who think it's OK to attack someone just because their EBT card declined? Fuck those pieces of shit, and those who think like them. Now if you get a story about a bunch of Dominicans attacking a black man in his home for no reason, killing him, holla at your boy, because I'd be first in line, but unless you have evidence that it was a racial attack, that dead criminal only got what was coming to him!

Naw nicca. You read too deep into my comment and got sensitive on me quickly. I'm referring to when something truly wrong happens to people in our communities. We need to start getting back to what favored us, "Unity". This guy killed at the bodega was in wrong and got his.

 

[RoadRage]

Naw nicca. You read too deep into my comment and got sensitive on me quickly. I'm referring to when something truly wrong happens to people in our communities. We need to start getting back to what favored us, "Unity". This guy killed at the bodega was in wrong and got his.

I agree, but smart men choose their battles wisely!

 

[3rd__Optic]

I agree, but smart men choose their battles wisely!

Exactly. That Bodega union is unity and smart. Power in numbers with that. They will get the Bodega worker off or lesser charges eventually because of the financial assistance and presence that they have applied to the situation already. This was our playbook for equal rights and justice years ago. Just a lot less melanin in the picture now.

 

[RoadRage]

Exactly. That Bodega union is unity and smart. Power in numbers with that. They will get the Bodega worker off or lesser charges eventually because of the financial assistance and presence that they have applied to the situation already. This was our playbook for equal rights and justice years ago. Just a lot less melanin in the picture now.

If you were a black bodega owner in the Bronx which side would you be on?

 

[3rd__Optic]

If you were a black bodega owner in the Bronx which side would you be on?

I'm not focused on color if that's what you feel or are thinking. I'm on the side of equal rights and justice first. If there is a rash of robberies and assaults against Bodega owners and staff and I'm in that union, you know the answer. I'm not trying to get a pass for us. I'm just stating that our communities have been lacking in activness when we are wronged. I'm pro-black and logical Bruh

 

[RoadRage]

I'm not focused on color if that's what you feel or are thinking. I'm on the side of equal rights and justice first. If there is a rash of robberies and assaults against Bodega owners and staff and I'm in that union, you know the answer. I'm not trying to get a pass for us. I'm just stating that our communities have been lacking in activness when we are wronged. I'm pro-black and logical Bruh

I thought so from the start but wanted you to clarify so others could understand.