NYC attorneys say deli worker, 61, who fatally stabbed younger attacker in self-defense went overboard: Report



New York City attorneys said the 61-year-old deli worker who two years ago fatally stabbed his attacker in self-defense went overboard, according to the New York Post.

What's the background?

Video showed 35-year-old Austin Simon going behind the counter of a Harlem deli on July 1, 2022, and physically attacking a worker there, Jose Alba. Simon was angry that Alba took potato chips from the 10-year-old daughter of Simon's girlfriend, whose benefits card failed to work in the transaction.

Video also shows Alba pleading with Simon, "I don't want a problem," before Simon aggressively shoved Alba into store shelves and grabbed him by the neck. Simon then began to walk Alba from the area behind the counter.

With that, Alba grabbed a knife.

“He wanted me to come apologize to the girl,” Alba told a New York City police detective, according to the New York Daily News. “I took the knife we use to open boxes, and I stabbed him.” The Daily News said Alba stabbed Simon at least five times in the neck and chest.

The paper — citing the criminal complaint — added that Simon’s girlfriend grabbed a knife from her purse and stabbed Alba in the arm.

Manhattan District Attorney Alvin Bragg's office faced intense criticism for charging Alba with second-degree murder and criminal possession of a weapon, sending him to notorious Rikers Island, and setting his bail at $250,000. One of Alba's defenders was Democratic New York City Mayor Eric Adams, who called Alba "innocent."

Soon, Alba was released on a reduced $50,000 bail and maintained he was defending himself against Simon. Bragg's office soon dropped all charges against Alba in the face of continued public pressure.

After Alba sued Bragg and the NYPD for civil rights violations last fall, New York City lawyers in December urged a federal judge to dismiss his lawsuit, Fox News reported. The attorneys' court filing indicated that "under the circumstances there was sufficient probable cause to arrest and prosecute Mr. Alba," a city Law Department spokesman said at the time, according to Fox News.

NYC attorneys had previously stated "it was entirely reasonable to believe" that Alba "unnecessarily escalated the confrontation between himself and Mr. Simon — even if it was Mr. Simon who initiated the confrontation," the cable network said.

Now what?

Alba has argued there was no reason to arrest and prosecute him given that he was acting in self-defense. But the Post reported that city attorneys in federal court papers filed in March said "considering the events that led to plaintiff stabbing Mr. Simon, that is an extreme position."

“Mr. Simon pushed [Alba] once and grabbed him by the collar to escort him outside for the expressed purpose of having him apologize to” his girlfriend, the attorneys added, according to the Post. “While the District Attorney’s Office found it would be difficult to disprove justification beyond a reasonable doubt, it was not unreasonable to arrest plaintiff in the first place.”

Here's a Fox News report that aired after Alba filed his lawsuit:

Ex-bodega worker suing NYC over ‘racial equity policies’ youtu.be

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Mom, 70, used 16-inch blade hidden in walking cane to fatally stab man fighting her adult son near bar; jury calls it murder



A 70-year-old mother was found guilty of murder Thursday for using a 16-inch blade hidden in a walking cane to fatally stab a man fighting her adult son outside a Philadelphia-area bar last year.

As sheriff's deputies escorted a handcuffed Renee DiPietro through a hallway following the verdict, she was heard saying, "If it was their child, what would they do?" WPVI-TV reported.

According to WPHL-TV, DiPietro’s "child" — her son, Jason, who was involved in the June 10 fight that led to the fatal stabbing — is 29 years old.

What's the background?

WPHL, citing the Philadelphia Inquirer, said Jason called his mom for a ride home after he sucker-punched a friend of the victim — 31-year-old Michael Sides — inside an Ardmore bar for kissing his girlfriend.

Police said Sides was overheard saying he was going to “seek out” Jason for punching his friend, WPHL said.

Prosecutors said soon after, Jason tried to get into his parents' vehicle, but Sides stopped him, and police said the two started to fight, WPHL said, adding that DiPietro and her husband were inside the vehicle.

With that, police said DiPietro exited the vehicle and stabbed Sides in the chest with the murder weapon, WPHL reported, after which Sides died at a hospital.

Investigators added that DiPietro bent the vehicle's license plate to obscure it and prevent her from being identified, WPHL noted.

While DiPietro claimed she was defending her son, WPVI said video played in court showed that she, her husband, and son didn't call 911 or try to help the victim.

"This defendant injected herself and a 16-inch blade into a fistfight, and while she had the right to defend herself and her son, she did not have the right to take the victim's life," Assistant District Attorney Brianna Ringwood said, according to WPVI. "The way she behaved during the fight, and also immediately after the victim fell and was bleeding, demonstrated an indifference to the value of his life."

Anything else?

The jury spent several hours deliberating before finding DiPietro guilty of third-degree murder and possessing an instrument of crime, WPVI said.

The judge revoked DiPietro’s bail, and she will stay in custody until her sentencing, WPHL said, adding that the Inquirer reported that her sentencing will be scheduled within the next few days. WPHL noted that DiPietro faces up to 20 to 40 years in prison.

DiPietro’s attorney Louis Busico said she didn't commit murder, WPHL noted, citing the Inquirer — rather that she acted on a “fundamental human instinct” to protect her son and herself.

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Thug allegedly stabs to death Macy's security guard — just minutes after guard caught him trying to steal hats and let him go



A suspect with a lengthy criminal history allegedly stabbed to death a Philadelphia Macy's security guard on Monday — just minutes after the guard caught him trying to steal hats and let him go.

Image source: YouTube screenshot

What are the details?

Police sources told WPVI-TV store security stopped 30-year-old Tyrone Tunnell from trying to steal several hats.

The security guard who stopped Tunnell — 27-year-old Eric Harrison, according to family members — retrieved the hats and sent Tunnell on his way, the station said.

But WPVI said Tunnell came back about 15 minutes later and fatally stabbed Harrison.

Eric HarrisonImage source: YouTube screenshot

Another guard whom police identified as a 23-year-old man intervened and suffered wounds to his face and arm, the station said.

Tunnell soon was arrested at the Somerset train station in the Kensington section of the city, WPVI said, adding that police said witnesses positively identified him.

Image source: YouTube screenshot

The Philadelphia District Attorney's Office on Tuesday approved a murder charge against the suspect, along with other charges, the station said.

WPVI said authorities haven't officially named the charged individual.

Court documents indicate Tunnell has been arrested more than a dozen times for retail theft, robbery, and drug offenses across the region, including in Philadelphia as well as suburban Bucks, Delaware, and Montgomery Counties, the station said.

Victim's mother speaks out

Harrison's mother, Dawn Fobbs, told WPVI in a separate story that her son was her best friend.

"Just why? Why my baby?" Fobbs wondered in an interview with the station.

Image source: YouTube screenshot

"It couldn't happen to a more innocent soul," she added to WPVI. "Just at work doing your job, you know, his second job at that."

The station said Harrison first worked overnight at the post office then went to Macy's where he'd worked as a security guard for two years.

Harrison's mother also works retail as a store manager, WPVI said, adding that she understands certain risks are involved — but that this crime was senseless.

"Over some merchandise, you came in and took my baby's life," Fobbs told the station. "He will never have children, he will never get married. All because of some hats."

WPVI added that she described her son as a Frankford High School graduate and a Philly kid through and through who leaves behind three younger sisters.

"Just pray for strength for my family because that's what we need," Fobbs noted the station, adding that she appreciates her son's fellow security guard who stepped in and tried to help him.

Security guard killed at Philadelphia Macy’s was an ‘innocent soul,’ mother says youtu.be

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Cops charge 14-year-old male with murder after 15-year-old male fatally stabbed during brawl in high school caught on video



Police charged a 14-year-old male with murder after a 15-year-old male was fatally stabbed during a Monday brawl caught on video inside a Raleigh, North Carolina, high school.

What are the details?

Multiple students posted video clips on social media appearing to show a fight beginning in a hallway and spilling into a gymnasium at Southeast Raleigh High School, the News & Observer reported, adding that a knife is visible on video.

The Raleigh police officer assigned as the school resource officer responded just after 11 a.m. to a stabbing report, the paper said.

A 15-year-old student and a 16-year-old student received first aid at the scene and were taken to a local hospital, the paper said, adding that the 15-year-old student died while the 16-year-old student has non-life-threatening injuries.

Authorities haven't released the names of the two stabbing victims, but the News & Observer said the family of the deceased student told its partner WTVD-TV that they are processing what occurred, working through their grief, and planning to hold a balloon release in his memory later this week.

The paper said Raleigh police obtained a secure custody order for a 14-year-old suspect who was charged with murder on a juvenile petition. Due to his age, the suspect’s name has not been released, the paper also reported, adding that it's unclear if other students will face criminal charges or school discipline in connection with the incident.

The school is closed Tuesday, the News & Observer said, adding that parents whose children need support Tuesday can speak to someone by calling the school at 919-856-2800. Members of the school system’s crisis team and Employee Support and Wellness team will be available to support students and staff members, the paper said, adding that the date classes will resume hasn't been announced.

Police are asking those with information or evidence related to the stabbing to call 919-996-1193, the paper said.

Wake County Superintendent Robert Taylor and school board chair Lindsay Mahaffey issued a joint statement Monday saying the district will continue to review all its safety processes and protocols to determine what happened and what changes may be needed, the News & Observer said, adding that the school doesn't use metal or weapon detectors.

The school board’s safety and security committee is meeting Tuesday, the paper said, adding that the meeting was scheduled before the fatal stabbing.

14-year-old Charged with Murder: Southeast Raleigh High School closed Tuesday after deadly stabbing youtu.be

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Robbery victim stabs to death 15-year-old male who pulled gun on him; second time in three days Chicago train passenger fought back with knife against attackers



A robbery victim stabbed to death a 15-year-old male who pulled gun on him early Monday aboard a Chicago train — the second time in three days that a city train passenger fought back with a knife against attackers.

What are the details?

A man was aboard a Red Line train near 63rd Street just after 3 a.m. when a group of seven approached him, and one member of the group — the 15-year-old male — pulled out a gun in an apparent attempt to rob the man, WBBM-TV reported, citing Chicago Police Chief of Detectives Brendan Deenihan.

"So you have this individual on the train. You have a group of seven people. One of them ups what appears to be a handgun based upon the evidence that has been given to us ... by [Chicago Transit Authority]. At that point, the person who appears to be being robbed takes out a knife, stabs that person with the gun. That person is now deceased," Deenihan said.

Image source: YouTube screenshot

WBBM said both the man with the knife and the group that confronted him fled the scene.

The stabbed teen ran for help and made it to the 6300 block of South Yale Avenue, where he collapsed, the station said, adding that he was taken to University of Chicago Medical Center, where he later died.

"When that person is leaving, they place the gun somewhere, and one of the other individuals in the group that was with that individual picks up that apparent weapon and flees the scene," Deenihan added, according to WBBM. "Everybody fled the scene."

Deenihan noted to the station that detectives are trying to identify everyone involved in the incident; no arrests have been made.

"These offenders need to be captured and brought to justice to send that message you will be held accountable for any crimes that occur on the CTA," Police Superintendent David Brown said, according to WBBM.

Is a trend developing?

The station said it was the second time in three days that an individual used a knife to fight back against attackers on a Chicago train.

Early Friday morning, six people with weapons attacked and tried to rob a train passenger, but the victim pulled a knife and fought back. In the end, three of the suspects were wounded and hospitalized, all six were arrested, but the victim was also wounded and hospitalized.

The 42-year-old victim got on a train at Addison Street on the North Side around 2 a.m., when three people tried to take his cellphone and began attacking him, Supt. Brown said, according to the Chicago Sun-Times.

During the struggle, the victim took out a small knife and stabbed one of his attackers in the back, the paper said.

At the North/Clybourn stop, the three robbers left the train as a fourth person entered it and began attacking the victim, Brown added to the Sun-Times, after which the victim stabbed that attacker in the neck, and the attacker stabbed the victim in the collarbone.

With that, six suspects began chasing the victim around the train platform and train cars, Brown said, according to the paper. In addition, two of the suspects hit the victim in the head with a glass bottle and other objects, Brown added, the Sun-Times said.

Three of the six robbers were hospitalized, the paper said, adding that the victim was hospitalized in serious condition. He suffered stab wounds and cuts, Patch said.

Shawn Gullens, 20, Latoya Thomas, 22, Martinez Owens, 24, and Larone Williams, 36, were charged with one felony count of armed robbery with a dangerous weapon and one felony count of aggravated battery to a transit employee, WBBM said. Vernon Holman, 52, was charged with one felony count of armed robbery and one felony count of battery with the use of a deadly weapon, the station added. It isn't clear what happened to the sixth arrested person.

'Do not fight back. Be compliant'

CTA Vice President of Security Kevin Ryan told WBBM the self-defense exhibited aboard city trains isn't wise: "What the Chicago police will tell you to do — do not fight back. Be compliant. Do not put yourself in harm's way further."

Ryan told WBBM up to 250 unarmed security guards are patrolling the CTA system daily; the station said the stated goal is to have 300.

Teenage boy dead after victim fights back against robbers on Red Lineyoutu.be

Suspected gang member goes on stabbing spree in NYC, police sources say, leaving Columbia grad student dead, another victim injured



Police sources said a suspected gang member — who's been arrested numerous times and spent three years in prison — went on a stabbing spree Thursday night in New York City, leaving a Columbia University graduate student dead and another victim injured.

Who is the suspect?

Police sources said the suspect — 25-year-old Vincent Pinkney — has 16 prior arrests on his rap sheet and was out on parole, WCBS-TV reported.

Pinkney allegedly is with the Bloods gang offshoot EveryBody Killer, sources told the New York Post, which added that his arrests date back to 2012 and include robberies and assaults.

The Post added that he was convicted of gang assault in 2015 and served three years of a four-year prison sentence, citing state Department of Corrections records.

The paper said Pinkney was arrested for the Thursday night stabbings but has not yet been charged.

What are happened during the attacks?

The Post said the 15-minute stabbing spree began when 30-year-old Columbia grad student Davide Giri was knifed in the stomach in Morningside Park just before 11 p.m., citing police sources.

More from the paper:

Giri stumbled out of the park and collapsed near the corner of West 123rd Street and Amsterdam Avenue, where he was found by cops. He was pronounced dead at Mount Sinai-Saint Luke’s Hospital.

A second victim, a 27-year-old Italian tourist, was found with stab wounds to the torso at West 110th Street and Cathedral Parkway 15 minutes later.

Witnesses told cops the suspect had approached the male victim from behind and knifed him in the back before fleeing, sources said. The tourist was taken to the same hospital as Giri in a stable condition.

Then a third man told police a knife-wielding individual had just threatened him in nearby Central Park, the Post said, adding that this third victim — who wasn't injured — went with police and identified the suspect.

Police sources identified the second victim as Robert Malastina of Italy, who arrived in the city a few days ago, WCBS reported.

Giri, the first victim, was a computer science Ph.D. candidate, the Post said, citing Giri's website. The paper said he also hailed from Italy and published a separate profile on him:

Who is Davide Giri, the Columbia grad student fatally stabbed in NYC? https://trib.al/hzD0TWJ\u00a0pic.twitter.com/hNL5mERTrr
— New York Post (@New York Post) 1638549284

WCBS said investigators believe the stabbings were unprovoked and the victims did not know each other, adding that no motive has been revealed.

Police also are investigating whether a stabbing attack in Morningside Park just 24 hours earlier is linked to the deadly attack Thursday night, sources told the Post.

The paper said that in the previous knife attack, just after midnight Wednesday, a man was stabbed and the suspect – who matches the description of Thursday night's attacker – fled the scene.

Father of suspect: Son not 'known to be violent at all'

The father of the suspect in Thursday night's deadly attack told the Post his son has “spent some time in jail” but also claimed he wasn’t “known to be violent at all.”

“I don’t really know if he’s involved in gang activity," the father added to the paper. "I really don’t know where he hangs out." The father also told the paper he hadn't seen his son since earlier Thursday.

'As unsafe as it has ever been'

A woman who lives across the street from where Giri was found told the Post that the neighborhood isn’t safe at night.

“I have lived here 25 years, and this is as unsafe as it has ever been,” Yolanda Ramos, 69, noted to the paper.