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No Indictment of a Man Who Killed 2 in the Subway
NY Times ^ | May 21, 2010 | JOHN ELIGON

Posted on 05/22/2010 6:01:19 AM PDT by Pharmboy

A 19-year-old Brooklyn man who fatally stabbed two men during a fight in the subway in March will be released from jail...

The man, Brenddy Garcia, [said] was acting in self-defense when he pulled out a four-inch folding knife and began swinging at a group of men who jumped him on a southbound No. 2 train in Manhattan early one morning...

Among those who attacked Mr. Garcia were Darnell Morel and Ricardo Williams, who died from their stab wounds...

Mr. Garcia and several friends were on their way home from a baby shower in the Bronx, where they drank alcohol — but they were not drunk, Mr. Fredella said.

Mr. Williams and Mr. Morel were at a bar...their group made a brief detour into a drugstore...witnesses said and surveillance videos showed, some of them tried to steal beer, prosecutors said in a news release on Friday. Mr. Williams kicked over a store display and jumped on a counter, prosecutors said...

... Williams and Mr. Morel drank beer and were loud and raucous on the train...they harassed a man who appeared to be homeless and a woman, prosecutors said.

At one point, Mr. Williams kicked a drugstore bag at Mr. Garcia...

One of those friends hit Mr. Garcia over the head with a bottle, prosecutors said. Mr. Garcia fell to the ground, and the group pounced on him, prosecutors said.

“As he tried to escape, unable to move freely in any direction, Mr. Garcia believed that he was about to be killed,” Cyrus R. Vance Jr., the Manhattan district attorney, said in a statement.

That was when Mr. Garcia began swinging his knife, killing Mr. Williams and Mr. Morel and injuring one of their friends. Mr. Garcia and his friends got off at the Christopher Street stop and fled, prosecutors said.

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; US: New York
KEYWORDS: selfdefense
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To: Repeal The 17th

Thanks for posting. The word is that he’s a good kid with no record. Further, it was reported that none of his friends have a record either...


21 posted on 05/22/2010 6:33:11 AM PDT by Pharmboy (The Stone Age did not end because they ran out of stones...)
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To: Pharmboy

He Never should have been thrown in jail in the first place, but at least there was a good ending.


22 posted on 05/22/2010 6:33:46 AM PDT by divine_moment_of_facts (Give me Liberty.. or I'll get up and get it for myself!)
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To: Pharmboy

Bernie made a mistake when he came off the train. He should have been crying and acting hysterically. Not the cold calculating way he came off.

I remember when I was a kid watching Death Wish with my dad. He tried to explain to me (beyond the illegal gun) why what Charles Bronson was doing was illegal (using himself as bait and then setting the hook so to speak). I did not understand it then, and still do not understand it now. If you are attacked in a public place, you have the right to defend yourself.

I think a a remake of Death Wish with lots of black and Latino villians would do really well in the box office today.


23 posted on 05/22/2010 6:41:29 AM PDT by exhaustguy
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To: Pharmboy
"The violent encounter raised questions about the lack of surveillance in the subway system.".........

...As if some Gub-mint bureaucrat watching a video monitor could have saved Mr. Garcia's life?

24 posted on 05/22/2010 6:50:07 AM PDT by Minutemen ("It's a Religion of Peace")
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To: Minutemen

Well, the other possibility is that if the subway car had been under surveillance, Mr. Garcia might not have had to spend any time in jail awaiting his grand jury appearance as the DA would have seen what had transpired.


25 posted on 05/22/2010 6:58:44 AM PDT by Pharmboy (The Stone Age did not end because they ran out of stones...)
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So why was he held in Rikers Island for two months?

After a few days investigation he should have been released to wait for the decision of the Grand jury.


26 posted on 05/22/2010 7:02:19 AM PDT by ChronicMA
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To: ChronicMA; thefactor

Good question...I would guess that since he did not turn himslf in, that worked against him. thefactor is NYPD, so perhaps he can answer.


27 posted on 05/22/2010 7:06:36 AM PDT by Pharmboy (The Stone Age did not end because they ran out of stones...)
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To: Pharmboy

BTTT


28 posted on 05/22/2010 7:11:21 AM PDT by aculeus
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To: Pharmboy
Illegals?

vaudine

29 posted on 05/22/2010 7:14:13 AM PDT by vaudine (,,)
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To: Repeal The 17th; Pharmboy
Anyone who decides to dress/look like that will eventually find trouble.

The hood with the eyes squinted says, I'm Bad!

30 posted on 05/22/2010 7:17:17 AM PDT by blam
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To: blam
Anyone who decides to dress/look like that

If NY is anything like Mich, it can still be pretty darn cold in March.......My guess is that the kid doesn't have a nice warm winter jacket.

31 posted on 05/22/2010 7:25:54 AM PDT by Hot Tabasco (Peanut butter was just peanut butter until I found Free Republic.........)
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To: vaudine

Nope...I think all the perps were born here as was Garcia. Remember—NYC has 600,000 Dominicans alone (and they are a distant second in number to Puerto Ricans). While there are undoubtedly illegals in NYC, the overwhelming number of Latinos are legal...


32 posted on 05/22/2010 7:28:34 AM PDT by Pharmboy (The Stone Age did not end because they ran out of stones...)
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To: quinhon6869

Don’t give bloomberg any ideas.


33 posted on 05/22/2010 7:29:02 AM PDT by DWC (what do kids know about)
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To: blam

I think that was taken when he was arrested and may not have wanted to be easily seen.


34 posted on 05/22/2010 7:33:35 AM PDT by Pharmboy (The Stone Age did not end because they ran out of stones...)
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To: Pharmboy

Carrying a knife with a 4 inch or longer blade in any form is illegal. You can get a criminal court summonse for it. A gravity knife or a switchblade counts as a deadly weapon and that is an arrestable offense.


35 posted on 05/22/2010 12:45:18 PM PDT by thefactor (yes, as a matter of fact, i DID only read the excerpt)
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To: ChronicMA

Well, it was a 2nd degree murder charge. Either he didn’t get bail or he couldn’t post the bail that was offered.


36 posted on 05/22/2010 12:47:29 PM PDT by thefactor (yes, as a matter of fact, i DID only read the excerpt)
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To: Pharmboy

It looks like 4” is legal in NYC.

http://www.donath.org/Rants/StateKnifeLaws/

Here in California, any concealed knife is illegal. That is why we all have knives that clip outside your pocket (knife in your pocket, clip outside your pocket). The clip is not concealed and therefore it is “open carry”.


37 posted on 05/22/2010 1:27:36 PM PDT by Freedom_Is_Not_Free (Liberal are like termites eating away our cultural foundations.)
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To: ETL

It was not bravery but desperation. He was already under attack by several opponents. When that happens, some people surrender and some people fight. He fought and had a good weapon with which to fight. But it was not bravery, it was automatic, like you jumping from the path of an oncoming car.

I too am glad they never got his knife, but at least he had the element of surprise. A lot of punks are cowards who attack in groups on single weak opponents. I am sure they were shocked and baffled to feel pain and see blood pouring out. I will bet it confused them and left them open to easy attack. “Hey, I’m bleeding! I’m cut! Where did that come from.”

Good for the “victim”. Glad to see he had the means to defend himself.


38 posted on 05/22/2010 1:31:27 PM PDT by Freedom_Is_Not_Free (Liberal are like termites eating away our cultural foundations.)
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To: Pharmboy

And I would guess he wasn’t thinking strategically, just reacting automatically. I seriously doubt he was thinking through the implications of each thrust of the knife. My bet is he was thinking...

“Being attacked. Must defend. Being attacked. Must defend. Being attacked. Must defend.”

I highly doubt his thought process went beyond that. I have no clue if he has martial knife training. If so, then he fell back on his training. If not, then the above is all he could handle.


39 posted on 05/22/2010 1:34:12 PM PDT by Freedom_Is_Not_Free (Liberal are like termites eating away our cultural foundations.)
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To: Freedom_Is_Not_Free
He was already under attack by several opponents. When that happens, some people surrender and some people fight.

Exactly. This guy had the guts to fight back.

40 posted on 05/22/2010 1:38:44 PM PDT by ETL (ALL (most?) of the Obama-commie connections at my FR Home page: http://www.freerepublic.com/~etl/)
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