When is Lethal Self-Defense Justified?

You are probably familiar with the Daniel Penny trial over Penny killing an assailant on a NY City subway. 

A schizophrenic on drugs and a career violent criminal with over 40 arrests, boarded a New York City subway train and threatened passengers. Penny took Neely to the floor with the assistance of two other passengers and applied a chokehold for several minutes until the police arrived.  The assailant died.

At trial, one charge against Penney was dismissed and he was found innocent on another.

Penny was an example of a ‘Good Samaritan’ who risked his own life to protect others.  (That’s usually called self-defense but not in a Soros’ DA’s district.)  Had Penny been convicted, it would have caused future “Good Samaritans” to reconsider getting involved.

It was also another example of a George Soros funded DA – Manhattan’s Alvin Bragg - who has a very skewed view of the law in which he believes assailants should not suffer harm when they are assaulting people.

There was another recent case that probably did not get your attention.

In 2016, Jairo Castillo shot and killed an assailant who had confronted him with a razor blade over a drug dispute. The assailant held a razor blade against Castillo's face while threatening to cut him “from ear to ear."

In 2019, Castillo was convicted of 2nd Degree Murder and criminal possession of a weapon.  He appealed the decision.

A mid-level appeals court heard Castillo's case and disagreed with his self-defense claims, noting that Castillo began firing his gun after the assailant had turned around to leave the salon where the dispute took place. That court said there was "no reasonable view of the evidence" to suggest that Castillo was justified "in firing four additional shots into the victim's back" after he had turned around, even if the initial gunshots had been justified.

On November 21st, New York's top appeals court (The Court of Appeals) overturned the conviction of Castillo.  The court vacated Castillo's second-degree murder conviction and criminal possession of a weapon.

The Court of Appeals said in its ruling that the trial court should have allowed Castillo to argue he was acting in self-defense.  It clarified that defensive, lethal force can, in some circumstances, be used against an aggressor even if the aggressor begins to turn away. The court said that even though the assailant began to leave, "it would not be unreasonable for defendant to believe [he] continued to pose a threat."

Bragg is infamous for favoring criminal rights over victim rights.

In 2022, Bragg charged a Harlem bodega employee, Jose Alba, with second-degree murder for fatally stabbing a customer who had begun to assault Alba.

On July 1st, an assailant, who was younger and bigger than the 61 years old Alba, attacked Mr. Alba behind the counter of the Bodega where Alba worked.  Alba picked up a kitchen knife that was stashed behind the counter and stabbed the assailant in the neck and chest at least five times.

Alba was arrested by police on July 2nd and charged with one count of second-degree murder. 

Alba was held in Rikers Island for several days before being released on $50,000 bond, partially secured by the owners of the bodega where Alba worked.

Bragg ultimately dropped the charges against Alba, probably because the incident created a media and political firestorm.  Even Democrat NY City Mayor Eric Adams spoke out against Bragg.

The first lesson is to be careful of what district in which you practice self-defense.  Be sure to check out the local D A’s reputation before you defend yourself or others.  (Sarcasm intended.)

The second lesson is that, even in New York State, you may find judges that use good judgement when interpreting self-defense lawsuits.

The third lesson is that political animals like Alvin Bragg, who only view the law as a means to their political ends, do succumb to political and citizen pressure if enough is applied against them.

The fourth lesson is that it is better to be tried by 12 than carried by 6.