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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
I posted this to show that even in NYC a grand jury will not indict a man who kills two when it is in self-defense. Click through and read the whole article if you can...
1 posted on 05/22/2010 6:01:19 AM PDT by Pharmboy
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To: NYer; thefactor; neverdem; blam; aculeus; Joe Brower

No indictment for self-defense ping...while this does not involves guns, the prinicple is the thing.


2 posted on 05/22/2010 6:03:59 AM PDT by Pharmboy (The Stone Age did not end because they ran out of stones...)
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To: Pharmboy

But they probably wanted to. Too bad the video tapes backed up the victim. /sarc


3 posted on 05/22/2010 6:04:52 AM PDT by SpinyNorman (Carbon credits are designed to be the slush fund of the New World Order.)
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To: Pharmboy

Its time for some knife control.


4 posted on 05/22/2010 6:06:29 AM PDT by quinhon6869
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To: Pharmboy

Killed two and wounded one ! He should be awarded a medal. The thugs would have killed or maimed him.


5 posted on 05/22/2010 6:06:50 AM PDT by csvset
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To: Pharmboy

Never bring fists to a knife fight.


6 posted on 05/22/2010 6:10:07 AM PDT by webstersII
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To: Pharmboy

Guns have a 35% fatality rate on average when used. Knives? About 70%.


7 posted on 05/22/2010 6:10:19 AM PDT by Jack Hydrazine (It's the end of the world as we know it and I feel fine!)
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To: Pharmboy

Indict him? The prosecutor should indict the ones that got away.


8 posted on 05/22/2010 6:11:38 AM PDT by bitterohiogunclinger (America held hostage - day 393)
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To: quinhon6869; thefactor

Y’know, I’m not sure what the NYC law is on carrying a knife with a four inch blade. I think it’s legal (thefactor will know), as long as it’s not a switch blade or gravity knife. Since there was no mention of this in the article, I guess it’s legal. That knife saved this kid’s life...aqnd killed two thugs.


9 posted on 05/22/2010 6:12:59 AM PDT by Pharmboy (The Stone Age did not end because they ran out of stones...)
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To: Pharmboy

Wow! Think of how incredibly brave this guy was, pulling out a knife on a GROUP of thugs trying to rob him! And actually killing two of them! It’s incredible that they never got the knife away from him and stabbed him with it. What this guy did was truly amazing.


10 posted on 05/22/2010 6:14:54 AM PDT by ETL (ALL (most?) of the Obama-commie connections at my FR Home page: http://www.freerepublic.com/~etl/)
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To: Pharmboy

Well done, Mr. Garcia. Now let’s hope the rest of the gang doesn’t come after you.


11 posted on 05/22/2010 6:16:50 AM PDT by A_perfect_lady (If one racist Tea-Partier proves all conservatives hate, what do 500 Muslim suicide bombers prove?)
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To: Jack Hydrazine

Knives are up close and personal


12 posted on 05/22/2010 6:16:50 AM PDT by BOBWADE
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To: ETL

Yep...as the grand jury undoubtedly thought, I believe the guy thought these thugs were going to kick him to death and he had no choice. How he managed to get the knife out and unfold it is another story...


13 posted on 05/22/2010 6:17:05 AM PDT by Pharmboy (The Stone Age did not end because they ran out of stones...)
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To: Pharmboy

Never bring fists to a knife fight.


14 posted on 05/22/2010 6:19:07 AM PDT by webstersII
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To: Pharmboy

I wonder if Mr. Garcia will get the Bernie Getz treatment? Maybe not, as he is a minority and therefore exempt.


15 posted on 05/22/2010 6:25:08 AM PDT by rbg81 (DRAIN THE SWAMP!!)
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To: webstersII

...and I would guess that he used the knife in a stabbing brather than slashing manner in order to inflict fatal wounds.


16 posted on 05/22/2010 6:25:32 AM PDT by Pharmboy (The Stone Age did not end because they ran out of stones...)
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To: Pharmboy

The victim had to spend two months in Rikers Island. Liberals hate people who defend themselves.


17 posted on 05/22/2010 6:26:03 AM PDT by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
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To: Pharmboy

No doubt Mayor Bloomers will have a special ceremony on behalf of the stabbed miscreants.


18 posted on 05/22/2010 6:27:21 AM PDT by Carley (WE CAN SEE NOVEMBER FROM OUR HOUSE)
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To: rbg81

I had thought about Bernie...thanks for bringing him up. The differences are there: 1) Bernie’s gun was illegal, the knife here was not; 2) Bernie continued to shoot Caby after the threat was over. However, with all that, Bernie got 6 months after he was indicted. Garcia is a free man...unindicted.


19 posted on 05/22/2010 6:27:53 AM PDT by Pharmboy (The Stone Age did not end because they ran out of stones...)
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To: Pharmboy

Brenddy Garcia, 19, from Brooklyn, is taken into police custody Friday after being charged with second-degree murder in fatal stabbings on a No. 2 subway train that left two dead.
20 posted on 05/22/2010 6:29:53 AM PDT by Repeal The 17th (Don't blame me. I voted for Jefferson Davis.)
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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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