monster said:http://nypost.com/2014/11/10/subway-brawl-breaks-out-after-man-slaps-woman/
Kevin Gil was wearing the 8 ball jacket. It's pretty ridiculous he was arrested and charged with assault since he tried to walk away and then only hit in self-defense.
Looks like even video evidence vindicating isn't enough if the public wants you guilty.
Agreed..she is a ghetto girl, no money. He could sue the MTA though. He has a case for being harassed on/in their facility which they are obligated to keep passengers safe. Since transit police merged into NYPD..that means it can extend to the NYPD.Merenguero said:Sturmgeist said:Fisto said:I still want to donate money.
I want to buy this guy a beer or three. He's fighting the good fight.
I tried to see if a fund has been set up, but I couldn't find anything. I'll keep checking and will post the link if I find anything. I was thinking that we could collectively make two donations, one in the name of team appetizers and one in the name of team no appetizers.
As far as him suing the girl, it's a waste of time and I don't think any competent lawyer would pursue it, regardless of whether he has any valid claims. She's young and is most likely broke or worse than broke. I also don't think a lawsuit against the city would be extremely successful. The possible causes of action would be false arrest and malicious prosecution. False arrest is causing the arrest of someone without legal justification. Malicious prosecution is the wrongful initiation of criminal proceedings with malice and without probable cause which are terminated in the Plaintiff's (in the civil case) favor. If the police did not see the video at the time they made the arrests in this matter, it would be very difficult to argue that they did not have probable cause or that the arrests were made without legal justification. The girl and other people probably told them that Pena slapped the girl. Pena and other people probably told them that the girl hit him in the back of his head with a shoe. This is all true, of course, but the sequence of events is what made the criminal charges go in Pena's favor. From merely talking to the people involved and any independent witnesses and observing any injuries to the people involved, I'm of the strong opinion that the police had probable cause to arrest all these people. Whether there is reasonable doubt is something to be sorted out after the arrests are made. The mere fact that reasonable doubt exists or that a person may have acted in self defense does not give a person a valid cause of action against the police or against a city.
“I never in my life slapped anybody,” said Pena. “I’m a strong man. I don’t want to get in trouble because I can kill someone.”
“I’m going to say to her, ‘I’m sorry,’” Pena said of Howard. “‘You left me no choice.’”
General Stalin said:
Foolsgo1d said:What could this situation have turned into if there was conceal and carry?
jimukr104 said:WTF??
LOl..I just saw a tall guy wearing the same hat and a jacket that looked similar in my neighborhood. Either it is him or he started a new trend.
speakeasy said:I'm just now seeing this. I cannot believe there are dudes that would white Knight for these bitches.
:facepalm:
Rang off the Pipe said:Found a better article about the aftermath of the incident. It turns out the guy was a bouncer coming off a 12-hour shift. He also plans on suing the city over his arrest.
http://www.nydailynews.com/new-york...on-charged-sue-nyc-attorney-article-1.2008463
Soberane said:Fucking Golden
WestIndianArchie said:Foolsgo1d said:What could this situation have turned into if there was conceal and carry?
You can't respond with deadly force to non-deadly force.
He'd be on his way to a long time in prison if he shot her.
WIA
The man filmed slapping a woman in an early-morning NYC subway brawl has been cleared of all charges.
Jorge Pena, 25, was one of four people arrested after a fight erupted on the F train as it pulled into West 4th Street station around 5 a.m. Saturday morning.
Authorities determined that Pena acted in self defense after an allegedly drunk woman, Danay Howard, hit him with her stiletto, according to Gothamist. Howard was determined to be the aggressor, and is charged with felony assault and disorderly conduct.
In video of the incident, which has more than 4.9 million YouTube views, Howard can be heard verbally antagonizing Pena, making fun of his fur hat and telling him that his jacket "came out in 1990" before ultimately taking a swing at him.
Pena, who is the tall man in the 8-ball jacket, responded with an open-handed slap that sparked a brawl in the train car.
NBC New York reports:
Speaking to reporters Thursday, Pena broke down crying thinking about how other women -- including his girlfriend, mother and baby daughter -- must perceive him.
The 25-year-old said he was bleeding profusely after being attacked with a 6-inch high-heeled shoe and had to defend himself. Otherwise, he says, he would never have hit a woman -- or anyone else.
Pena initially faced misdemeanor assault charges and spent four nights in jail. He was released on $1,000 bail Tuesday, his lawyer, Cary London, told the New York Post. Police confirmed the charges against Pena were dropped, the paper reported.
"This time the system worked," London told the Post. "Thank God for smartphones because the DA’s office was able to have all of the information in front of them at an early stage to show that our client did nothing wrong and acted in self-defense."
WestIndianArchie said:Foolsgo1d said:What could this situation have turned into if there was conceal and carry?
You can't respond with deadly force to non-deadly force.
He'd be on his way to a long time in prison if he shot her.
WIA