Girl talks shit on an NYC subway. Gets slapped back to the future

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Soberane

 
Banned
What I did very quick

SJnI0Zm.gif
 

jimukr104

Ostrich
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.
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.
 

Dusty

Owl
Gold Member
I think what's been interesting the past couple weeks is to contrast and compare the two viral videos that came out.

In the Hollaback! Shoshana Roberts one, we were told we were witnessing terrible harassment from men towards a woman. In it, you hear men say things like "hello beautiful" and "have a blessed day" and other forms of harassment.

In the 8 Ball video, you see a man minding his own business on the subway after completing a 12 hour work shift have a gang of women surround him and shout obscenities at him and mock his clothing and call him stupid and one proceeded to assault him with her shoes. He ended up in the hospital with injuries requiring stitches.

Of these two viral videos, which one really contains the harassment of one gender against another?
 

jimukr104

Ostrich
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.
 

Merenguero

Crow
Gold Member
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.

I saw a black guy about eighteen wearing the same hat last night.
 

Veloce

Crow
Gold Member
speakeasy said:
I'm just now seeing this. I cannot believe there are dudes that would white Knight for these bitches.

:facepalm:

Well, I think it was a friend of hers, one of the cronies in her group. At least that's how it appears in the video.

But yeah, how you could be friends with a loudmouthed ratchet bitch like that is beyond me.
 

Samseau

Eagle
Orthodox
Gold Member
Those lawyers must be going to church and thanking God for this case. They are going to blow up and get so much business from this. Also the fact that they've successfully defending a man against a woman claiming abuse puts them squarely in the "camp pro-male" department, a sorely unfulfilled need in today's world.

Good for them.
 

philosophical_recovery

Hummingbird
Gold Member
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 last thing you want to do when you're CCing is get into a confrontation like this, as in, not splitting and getting away from it. The last thing you want is one of these hoodrats noticing your pistol when you're slapping a ho, and grabbing it out of your waistband. Especially when the white knights jump up, get you disoriented and distracted, getting your hands away from where your pistol is. You'd make a stupid situation into an ugly and deadly situation really quick. I'd rather take a hit than let my hand stop covering my pistol side. If I really felt threatened for my life, the gun is already going to be employed.

I've got a sixth sense about idiots when I've got a gun on me. Don't ever want to have to pull it, and I'd rather have a stare down than a gun down. If a bitch like that insulted me, unprovoked, while I was carrying, I'd quickly assess who her friends were (and if it's some kind of setup for a robbery if I was being stupid and hadn't assessed that already), and isolate myeslf from all of them. If I was provoking stupid arguments while carrying, then, well, I'm an idiot. But I don't do that. I've seen the gypos do a similar setup in Europe (distraction with female, 2+ male thugs around the corner or close by for the beatdown), and do everything I can to keep myself from being an easy mark. Thankfully, only idiots try muscular, 6'1" men.
 

Engineer

Kingfisher
Gold Member
WIA,

She hit him with a stiletto heel to the ear/face from behind. He was bleeding. I think you can make a case that's deadly force:

"the ​apparently drunk straphanger, Shanique Campbell, poked fun at Pena’s jacket and his slight speech impediment before using her 6-inch stiletto as a weapon — hitting Pena behind the left ear and on his face."

No comment/opinion on the concealed carry aspect, but I'm thinking a competent attorney could convince me as a juror bleeding out your neck might be deadly.
 

Gorgiass

Kingfisher
Gold Member
I can't believe the cops had this video as evidence and he still had to spend four nights in jail, and post bail. If the roles were reversed would the woman have spent a single minute in a cell? Probably not. Just imagine if the camera wasn't there.

http://nypost.com/2014/11/13/man-whose-epic-slap-went-viral-ive-never-slapped-anyone-before/


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."
 

Quintus Curtius

Crow
Gold Member
Do we know anything about how this started? I've read somewhere that Jorge Pena and the clique of girls knew each other. But I can't tell.

Does anyone have the backstory on this? Or maybe there was some argument over something-or-other. I find it hard to believe they would just start dogging out some random dude on the subway.
 

Moma

Peacock
Gold Member
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

You can't? Then what about ......
 
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