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« New York's "Massive Resistance" to NYSRPA | Main | Hawaii AG reacts to NYSRPA »

New York store owner defends self with knife, is charged with homicide

Posted by David Hardy · 10 July 2022 07:35 PM

Story here.

"If Alba is somehow found guilty for fighting back against criminal tyranny, then New Yorkers should understand this new reality: When you're in danger, no one is coming to save you, and if you try to save yourself, you're likely to be condemned for it."

UPDATE: GoFundMe just deleted Alba's account>

11 Comments | Leave a comment

Old Guy | July 11, 2022 11:28 AM | Reply

Don't they do this in the UK? So what they are using the UK as a model?

Anonymous | July 11, 2022 12:31 PM | Reply

However sympathetic I might be with Mr. Alba I can't accept as given the assertion in the linked news article that “He [Alba] knew that his life was threatened. He was protecting himself … or we would be looking to bury him today,” Marte said.

This assumes facts not in evidence almost to the point of omniscience - mind reading might make criminal law enforcement easier or maybe harder. In the video I have seen on line the threat may well have been far shy of life threatening or maybe not. It follows that Mr. Alba may or may not have been justified under New York law in using lethal force, in killing the victim.

That's why I keep pepper spray as handy as the pistol next to my right hand as I type this.

Old Guy | July 11, 2022 4:56 PM | Reply

Isn't there some alternative to GoFundMe that wouldn't do that?

KCSteve | July 11, 2022 5:25 PM | Reply

Conservatives should know - avoid GoFundMe and switch to GiveSendGo who *won't* shut you down.

Old Guy replied to comment from KCSteve | July 12, 2022 8:48 AM | Reply

Thanks

Dave D. | July 12, 2022 9:54 AM | Reply

…Well, Anon, The Perp Parolee was assaulting Mr. Alba as his grifting girlfriend was stabbing the clerk three times with a knife she produced from her purse. Alba has the stab wounds to prove it. If that’s not “ reasonable fear of great bodily harm or death “ , just where do you draw that line ?
…District Atty Bragg is part of the same Tribal group as the attackers. Clearly a racial prosecution of the Hispanic clerk and the 1/4 million dollar bail supports that conclusion. Pepper spray not withstanding.

Old Jarhead | July 12, 2022 1:03 PM | Reply

So much for "Gofckme"
The burden is supposed to be "knowing what you knew at the time a reasonable person would have acted as you did". Disparity of force applies (young, strong, and large versus old and small). Remember also, the fourth most common weapon of homicide is fists and feet. In addition to a pistol, I too carry pepper spray, as well as a folding knife, and an asp, but face to face only the pistol, knife or hands-on are likely to work. In Alba's position, he would have been likely to spray himself.

Anonymous replied to comment from Old Guy | July 12, 2022 1:24 PM | Reply

Correct me if I'm wrong, but I think either New York or New Jersey restrict that as well.

Anonymous | July 12, 2022 3:11 PM | Reply

"The Perp Parolee was assaulting Mr. Alba as his grifting girlfriend was stabbing the clerk three times with a knife she produced from her purse. Alba has the stab wounds to prove it. If that’s not “ reasonable fear of great bodily harm or death “ , just where do you draw that line ?"
Video I saw the girlfriend was on the customer side of the counter while Simon was committing battery on Mr. Alba. Further at least some of the blood on Mr. Alba in the video I saw was from Simon. Further there is some possibility that Mr. Alba cut himself with the knife in his own hands. Unless and even if Mr. Alba knew the future I don't suppose that these after actions by the girlfriend justified prior use of deadly force on Simon by Mr. Alba. If the facts are that the girlfriend was on wrong side of the counter and stabbed Mr. Alba repeatedly while Simon was holding Mr. Alba's shirt that would change my view. Sadly those are not facts supported by the video I saw in which the girlfriend's actions are all subsequent to the fatal stab.

Dave D. | July 12, 2022 5:14 PM | Reply

…Sadly, Anon, I must believe my lying eyes and not your guesstimations. That Alba was in immediate danger from Simon is apparent. That the girlfriend stabbed him is claimed by Alba ( who showed the wounds to the Media ) and your supposition that he stabbed himself is unsupported and unlikely. Especially when the video shows she stepping in to do the stabbing.
…So if Alba’s stabbing Simon, who had attacked him physically and was both bigger and stronger, wasn’t justified, how can the girlfriend’s stabbing of Alba be anything but ADW ? She went from a position of distance and safety to enter the arena three time to stab Alba. And Alba was sitting in the chair Simon had pushed him into all that while, with Simons body was between he and the girlfriend.

Anonymous | July 12, 2022 6:15 PM | Reply

Notice that I did not say of Mr. Alba "he stabbed himself". I did say possibly Mr. Alba cut himself. I did not express any opinion on the nature of the girl friend's actions. I did state a hypothetical based on possible actions by the girl friend. I did express an opinion on the timing of the girl friend's actions. I did not express any opinion on actions by Mr. Alba after the girl friend moved from the customer side of the counter. I did say that it is not certain that Mr. Alba was in danger of death or great bodily from Simon prior to the moment Mr. Alba used deadly force on Simon. For an extended somewhat detailed discussion of action until the fatal stabbing see e.g. Andrew Branca under the heading Andrew Branca:
"LIVE! Bodega Breakdown: M2 or Self-Defense?" M2 is here murder second not a motorway in the UK.

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