Manhattan DA Alvin Bragg (aka East Coast Chesa) at it again ...

[Derec]

He is charging a bodega worker who defended himself after an ex-con came behind the counter and Michael Browned him. The attacker was supposedly mad because his girlfriend's credit card was declined.
Murder or Self-Defense? New Video Shows NYC Bodega Clerk Stab Man to Death
Video:


Also, Jose Alba, the victim (of both the attack and NYC's fauxgressive DA) has been stabbed himself - by the attacker's girlfriend - the one who started the whole incident by not being able to pay for her bag of chips.
NYC bodega worker Jose Alba has stab wounds that may be infected
However, she has not been arrested or charged.

As the worker tried to fight [Simon] off, [Alba] stabbed Simon five times. At some point, Simon’s girlfriend allegedly pulled a knife from her purse and jumped into the fray, stabbing Alba several times in the shoulder and hand, his attorney said previously.
Alba and his relatives have insisted his actions were in “self defense” and have questioned why Simon’s girlfriend hasn’t been arrested in connection with the incident.
“You can see he was attacked by two people. He is a weak man. He’s not a tough guy. He was lucky,” said Marte.

 

[Loren Pechtel]

Borderline. He was shoved but there was no followup.

And note that either he's acting in self defense and the girlfriend is guilty of improper self defense, or he's not acting in self defense and the girlfriend is using legitimate force. Thus as it stands there would be no charges against the girlfriend.

 

[zorq]

The video doesn't depict the full encounter. I suspect the full video would clear things up.

It is possible to act violently in self defense and then proceed beyond that to murder the person who first attacked you. Acting in self defense doesn't give a person a license to kill.

 

[ZiprHead]

The video doesn't depict the full encounter. I suspect the full video would clear things up.

It is possible to act violently in self defense and then proceed beyond that to murder the person who first attacked you. Acting in self defense doesn't give a person a license to kill.

Yup, my brother was facing five years in Iron Bar Hotel for putting the boots to a guy who was already down after a fight. He got lucky and got off with time served and probation.

 

[Loren Pechtel]

The video doesn't depict the full encounter. I suspect the full video would clear things up.

It is possible to act violently in self defense and then proceed beyond that to murder the person who first attacked you. Acting in self defense doesn't give a person a license to kill.

Even just the video we are seeing makes it look like he might have gone too far. He's down but the bad guy is just standing there.

 

[ZiprHead]

I'm suspecting one of those prison type of stabbings where the stabber just keeps stabbing the stabee until they run out of energy.

 

[Derec]

Borderline. He was shoved but there was no followup.

There was follow-up. The perp went where he had no right to be, and pushed the victim violently into the shelves. Then, he grabbed him by the collar and pulled him up (and tried to pull him out of the employee-only area), at which point a struggle ensued that was ended when Alba stabbed the assailant. Note also that the assailant was much younger and taller than the victim.

And note that either he's acting in self defense and the girlfriend is guilty of improper self defense, or he's not acting in self defense and the girlfriend is using legitimate force. Thus as it stands there would be no charges against the girlfriend.

I do not see how the girlfriend can claim self-defense at all, since she and her boyfriend were the aggressors.

But anyway, good news. Charges were dropped.
Murder Charge Dropped in NYC Bodega Clerk ‘Self-Defense' Stabbing Case

 

[Derec]

Even just the video we are seeing makes it look like he might have gone too far. He's down but the bad guy is just standing there.

The bad guy did not just stand there for long. He pulled Alba by his collar and tried to drag him out of the booth. Only then did he get stabbed.

 

[Don2 (Don1 Revised)]

There is very little objective and disinterested evidence to go by here. I'd be very cautious to make inferences and I'd be careful not to engage in fallacies based on the little evidence available.

For example, here:

He pulled Alba by his collar and tried to drag him out of the booth. Only then did he get stabbed.

Post hoc ergo propter hoc. After the fact, therefore because of the fact.

The knife could have been located slightly out of reach of the clerk and he may have grabbed it once within reach. Therefore, his grabbing the knife may not have been precipitated by being dragged somewhere but instead by simply having opportunity to get the knife.

 

[Don2 (Don1 Revised)]

Even just the video we are seeing makes it look like he might have gone too far. He's down but the bad guy is just standing there.

Note that the D.A. is going to have full video, eyewitness testimony and perhaps audio. That could paint a different picture, but if I understand you properly I agree that based on the little evidence we have, it seems like he might have gone too far. For example, if you look at the last part of the encounter shown in the video, the clerk and customer have swapped places. At that point the clerk had obtained a knife and the customer was trapped. The clerk was blocking him off and trying to stab him (presumably) while the customer was wrestling/grabbing his arm. That perhaps produced a complex situation--the customer may continue to try to grab the arm in defense and the clerk may continue to stay because his arm is grabbed, unable to withdraw, which ought to be his preference to minimize loss of life. The clerk could say something to get compliance at that point, maybe, or maybe he had become so enraged he was saying threatening murderous things like "I'm going to kill you." Intent in that last situation might be inferred from audio and witness testimony. Who knows, though?

Because of appearances, it seems like it was enough for probable cause for an arrest. However, I'd think that 2nd degree murder charge is a bit high and also overreach. After examining all evidence, thinking critically about the future of the case, the D.A. dropped the charge, projecting they would not achieve a level of beyond reasonable doubt of guilt in court.

Manhattan DA's office drops charges against Jose Alba, bodega worker accused of murder

The 61-year-old stabbed Austin Simon to death on July 1 after Simon came behind the counter to attack the worker.

www.cbsnews.com