The New York City DA has charged a bodega worker with murder after an ex-con corners and assaults him. New York Post. 61 year old Jose Alba was charged with murder after a 35 year old ex-con named Austin Simon ended up getting stabbed to death. Simon, a career criminal, got into a confrontation over Alba over a bag of chips. Simon confronted Alba, pushed him and prevented him from leaving. Alba picked up a knife and stabbed Simon five times, killing him. Alba was also stabbed by Simon's girlfriend three times. She has not been charged. A judge had set the bail in the case at an extremely high $250,000, but reduced it today to $50,000, allowing Alba to put up the money to be released.
Manhattan bodega worker charged with murder. Woman who didn't have enough money for her item, went to the car to get her boyfriend, who then came behind the counter to attack the clerk.. Jose Alba, 51, cut the man up, and is being charged with murder. Held on $250,000 bail. #NYC pic.twitter.com/kZ3Ju5yVDq
— YouDontHaveToWatch (@StarsAndBars123) July 6, 2022
My Comment:
Jose Alba has gotten a lot of support among both the left and right. To the point even the mayor of New York gave Alba a bit of support, but notably did not condemn the DA for making this charge. Almost everyone agrees that this was a clear case of self defense.
I am not an expert on New York laws but in my state it seems clear that Alba would not have been charged. Simon had him cornered and had already attacked him once. Alba was trying to retreat when Simon attacked him again. Only then did Alba use his knife. I think a reasonable person would fear for their life in that scenario and even if New York has a duty to retreat, which they do, Alba appears to have fulfilled that duty.
What is crazy to me is that Simon's girlfriend wasn't charged with assault or attempted murder. She stabbed Alba several times and it was her attempt to steal a bag of chips that caused the incident in the first place. I think she should be charged and Alba should be released.
I think this case is a good example of Anarcho-Tyranny. The state had no interest in this case until a man with a long history of crime ended up dead. The state would have never prosecuted the girlfriend for her theft or Simon for his assault on Alba. But the second Alba defends himself the full power of the state comes down on him. It's insane and extremely frustrating.
This seems like George Zimmerman/Trayvon Martin all over again. The big difference is that this time the attacker isn't being lionized by the media and the person who defended himself isn't being demonized (so far). Though both Zimmerman and Alba are Hispanic the fact that Alba looks more "exotic" for lack of a better term than Zimmerman ever did he can't be painted as a white racist. I think that allowed people on the left to be outraged about this case as well.
What is shameful is that the fundraising site, GoFundMe, has removed a fundraiser for Alba to pay his bail and fund his defense. Though the GoFundMe terms of service prevent raising a defense fun for people charged with violence, that rule is idiotic and is used selectively against people claiming self defense. I am also guessing if the races were reversed they would have no problem leaving the fundraiser up. My guess their outrage is more due to the fact that the "wrong people" are donating to Alba.
I do think that the public outrage over this case will likely lead to the charges against Alba being dropped. I don't think even the most twisted reading of New York laws would call this anything other than self-defense. And the fact that he outrage is bipartisan in nature means that there is going to be a lot of pressure on the DA to drop the charges. I hope that that isn't wishful thinking on my part but even if it is, I can't imagine Alba being convicted at trial.
No comments:
Post a Comment