New York Priorities

 

Well:

A Manhattan parking garage attendant who was shot twice while confronting an alleged thief — then wrestled the gun away and opened fire on the suspect — has been charged with attempted murder, police and sources said.

The overnight worker, identified by cops as Moussa Diarra, 57, was also hit with assault and criminal possession of a weapon charge in the Saturday incident.

The moment the worker gained control of the gun and was able to ventilate the miscreant, he was in criminal possession of a firearm. Even though it wasn’t his gun. Hey, if Gun Violence is the problem, then it makes sense.  The guy did a Violence with a gun, and that is very bad and he must pay.

It’s as if they no longer get the same satisfaction out of indulging criminality, and have decided to seek pleasure in punishing the victims.

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  1. TBA Coolidge
    TBA
    @RobtGilsdorf

    It is my fervent hope that the jury will do the right thing. 

    Doubtless the state will attempt to pack the pool with people who haven’t been mugged. 

    Won’t be easy. 

    • #1
  2. Annefy Member
    Annefy
    @Annefy

    It’s as if they no longer get the same satisfaction out of indulging criminality, and have decided to seek pleasure in punishing the victims. 

    They no longer get the same satisfaction out of indulging criminality, and now seek pleasure in punishing the victims. 

    Obvious to anyone paying attention.

    At what point do we panic?

    • #2
  3. tigerlily Member
    tigerlily
    @tigerlily

    TBA (View Comment):

    It is my fervent hope that the jury will do the right thing.

    Doubtless the state will attempt to pack the pool with people who haven’t been mugged.

    Won’t be easy.

    Well, I hope this case never gets that far. Hopefully, there will be enough of a public outcry like there was for the older Bodega clerk who killed his assailant with a knife and was charged with murder by Bragg last summer. I don’t think it’s about the gun for Bragg; it’s about punishing potential victims who have the temerity to use lethal force to protect their lives. Which reminds me, NYC’s new mayor Eric Adams, has been a real disappointment. He ran on dealing with the crime issue but has done next to nothing. The first step to getting crime under control in NYC is to get rid of Bragg which the state governor can do and which Adams should be calling for at the top of his lungs. He’s not as bad as DiBlasio was as he at least wrings his hands with remorse at the murders and the other crime; but, that’s about as far as it goes. Otherwise, he’s been close to useless.

    • #3
  4. kedavis Coolidge
    kedavis
    @kedavis

    Alvin Bragg has been busy.

    • #4
  5. kedavis Coolidge
    kedavis
    @kedavis

    Annefy (View Comment):

    It’s as if they no longer get the same satisfaction out of indulging criminality, and have decided to seek pleasure in punishing the victims.

    They no longer get the same satisfaction out of indulging criminality, and now seek pleasure in punishing the victims.

    Obvious to anyone paying attention.

    At what point do we panic?

    New Yorkers should have “panicked” long ago, instead they re-elected Kathy Hochul.

    • #5
  6. Judge Mental Member
    Judge Mental
    @JudgeMental

    tigerlily (View Comment):
    The first step to getting crime under control in NYC is to get rid of Bragg which the state governor can do and which Adams should be calling for at the top of his lungs.

    I think Bragg insulated himself on that by indicting Trump.  If they do it now, it will be seen as a response to him going after Trump, and they definitely don’t want to be in that spot.

    • #6
  7. kedavis Coolidge
    kedavis
    @kedavis

    Judge Mental (View Comment):

    tigerlily (View Comment):
    The first step to getting crime under control in NYC is to get rid of Bragg which the state governor can do and which Adams should be calling for at the top of his lungs.

    I think Bragg insulated himself on that by indicting Trump. If they do it now, it will be seen as a response to him going after Trump, and they definitely don’t want to be in that spot.

    On the other hand, if/when the Trump indictment collapses, Bragg could be toast.  And just for that, not even counting everything else he’s screwed up.

    • #7
  8. Mark Camp Member
    Mark Camp
    @MarkCamp

    Annefy (View Comment):

    It’s as if they no longer get the same satisfaction out of indulging criminality, and have decided to seek pleasure in punishing the victims.

    They no longer get the same satisfaction out of indulging criminality, and now seek pleasure in punishing the victims.

    Obvious to anyone paying attention.

    At what point do we panic?

    None.

    • #8
  9. ctlaw Coolidge
    ctlaw
    @ctlaw

    Let’s wait to see any video or hear any witness testimony.

    I suspect a “necessity defense” to the possession charge.

    The other charges might be appropriate if the alleged thief had disengaged after being disarmed, and was no longer a threat when he got shot. Thus nixing self defense.

    But there is some relationship. Perhaps, if the thief disengaged, the DA will argue that Diarra needed to immediately drop the gun and continued possession was criminal.

    • #9
  10. Stad Coolidge
    Stad
    @Stad

    The real victim is the parking garage worker.  I hope the phrase “Better to be tried by twelve than carried by six” applies here . . .

    • #10
  11. Columbo Inactive
    Columbo
    @Columbo

    “You have the right to defend yourself, when necessary. Just because someone else gets hurt in the process doesn’t mean that you should be punished for it.”

    This is from an Ohio self defense lawyer, which made me wonder if there are different self defense laws for each state? If so, that would not make any sense in a united states of America. But democrats turn everything upside down: up = down; right = wrong; woman = man; victim = criminal; black = white. 

    It’s time to turn things right side up again. Oy veh!

    • #11
  12. MWD B612 "Dawg" Member
    MWD B612 "Dawg"
    @danok1

    Annefy (View Comment):

    It’s as if they no longer get the same satisfaction out of indulging criminality, and have decided to seek pleasure in punishing the victims.

    They no longer get the same satisfaction out of indulging criminality, and now seek pleasure in punishing the victims.

    Obvious to anyone paying attention.

    At what point do we panic?

    I don’t live in NY State or City, so I’m not.

    New Yorkers voted for this.

    “The people have spoken and now they must be punished.” – Ed Koch

    • #12
  13. Doug Watt Member
    Doug Watt
    @DougWatt

    Sometimes good things happen to bad people. 

    • #13
  14. Doug Watt Member
    Doug Watt
    @DougWatt

    Someone who attempts to commit a crime and threatens to use or uses force to include deadly physical force cannot claim a right to self-defense.

    • #14
  15. DonG (CAGW is a Scam) Coolidge
    DonG (CAGW is a Scam)
    @DonG

    There will be always be order in society.   If the government cannot/will not provide it, it will be achieved by other means.   Study the documentary The Gangs of New York.

    • #15
  16. Old Bathos Member
    Old Bathos
    @OldBathos

    I hope the criminal the guy shot isn’t a trans Native American. That could quadruple the sentence.

    • #16
  17. Retail Lawyer Member
    Retail Lawyer
    @RetailLawyer

    Alvin Bragg has done this previously.  See Jose Alba, who was working in a bodega and was attacked by a knife wielding son of a woman who may have been treated rudely when she had insufficient food stamps to pay for her junk food. Jose won the knife fight.  My theory was that the loser of the fight was same race as Bragg, and the victor was of a color less privileged than black, so the victor was charged with murder.  I’m assuming the diversity of colors plays the same way in this case.  Does that make me a racist?

    The woman brought her son to the store to threaten or harass or kill the bodega worker.  My white parents would have moved heaven and earth to keep me out of a situation like that.  Does that make me white privileged?

    • #17
  18. Retail Lawyer Member
    Retail Lawyer
    @RetailLawyer

    Instapundit has often suggested that the justice system exists to prevent non-criminals from exercising self-help when confronted with crime.  Its modern function is to protect the criminals.  It does seem that the police have been defunded, and the justice system corrupted,  to a perfect “sour spot” where this is the case.  Enough to prosecute the victims, but not enough to stop the criminals.

    • #18
  19. Old Bathos Member
    Old Bathos
    @OldBathos

    Retail Lawyer (View Comment):

    Alvin Bragg has done this previously. See Jose Alba, who was working in a bodega and was attacked by a knife wielding son of a woman who may have been treated rudely when she had insufficient food stamps to pay for her junk food. Jose won the knife fight. My theory was that the loser of the fight was same race as Bragg, and the victor was of a color less privileged than black, so the victor was charged with murder. I’m assuming the diversity of colors plays the same way in this case. Does that make me a racist?

    The woman brought her son to the store to threaten or harass or kill the bodega worker. My white parents would have moved heaven and earth to keep me out of a situation like that. Does that make me white privileged?

    Yes. You are privileged and racist and this has been added to your file.

    This reminds me of the panic among the NYC political establishment caused by Bernie Goetz, the nebbishy frequent crime victim who bought a gun and shot some youths, young scholars who simply wanted to borrow some money they planned to give to charity. They even carried (sharpened) screwdrivers in case screws on a wheelchair or baby carriage needed adjustment. The DA personally prosecuted Bernie. In a city with thousands of murders, tens of thousands of violent crime, Bernie was a priority because of the terror at the top that  the citizenry would decide that crime was so out of control that they were on their own and so take up arms and effectively displace the law enforcement system.

    Bragg has lots of historical precedent in NYC to see where his approach leads. 

    • #19
  20. Buckpasser Member
    Buckpasser
    @Buckpasser

    The authorities in NY want to see more innocent (normal) people killed or put in prison.     Prove me wrong.

    • #20
  21. Old Bathos Member
    Old Bathos
    @OldBathos

    Buckpasser (View Comment):

    The authorities in NY want to see more innocent (normal) people killed or put in prison. Prove me wrong.

    True. Those deaths will prove that racism and the Second Amendment are the real problems.

    • #21
  22. namlliT noD Member
    namlliT noD
    @DonTillman

    James Lileks: New York priorities

    One could argue that the city of Minneapolis did roughly the same thing the way they handled the George Floyd affair.

    And my analysis concludes that you’ll be seeing this more and more in cities with one party rule.

     

    • #22
  23. Victor Tango Kilo Member
    Victor Tango Kilo
    @VtheK

    namlliT noD (View Comment):
    And my analysis concludes that you’ll be seeing this more and more in cities with one party rule.

    Especially when there is no realistic opposition.

    • #23
  24. kedavis Coolidge
    kedavis
    @kedavis

    Doug Watt (View Comment):

    Someone who attempts to commit a crime and threatens to use or uses force to include deadly physical force cannot claim a right to self-defense.

    It doesn’t sound like the criminal is claiming self-defense.  Just that the victim briefly possessed and used a firearm – that he took from the criminal – without a license, etc.  Stupid New York laws, and prosecutors.

    • #24
  25. kedavis Coolidge
    kedavis
    @kedavis

    Old Bathos (View Comment):

    Retail Lawyer (View Comment):

    Alvin Bragg has done this previously. See Jose Alba, who was working in a bodega and was attacked by a knife wielding son of a woman who may have been treated rudely when she had insufficient food stamps to pay for her junk food. Jose won the knife fight. My theory was that the loser of the fight was same race as Bragg, and the victor was of a color less privileged than black, so the victor was charged with murder. I’m assuming the diversity of colors plays the same way in this case. Does that make me a racist?

    The woman brought her son to the store to threaten or harass or kill the bodega worker. My white parents would have moved heaven and earth to keep me out of a situation like that. Does that make me white privileged?

    Yes. You are privileged and racist and this has been added to your file.

    This reminds me of the panic among the NYC political establishment caused by Bernie Goetz, the nebbishy frequent crime victim who bought a gun and shot some youths, young scholars who simply wanted to borrow some money they planned to give to charity. They even carried (sharpened) screwdrivers in case screws on a wheelchair or baby carriage needed adjustment. The DA personally prosecuted Bernie. In a city with thousands of murders, tens of thousands of violent crime, Bernie was a priority because of the terror at the top that the citizenry would decide that crime was so out of control that they were on their own and so take up arms and effectively displace the law enforcement system.

    Bragg has lots of historical precedent in NYC to see where his approach leads.

    See also the original Death Wish movies, starring Charles Bronson.

    • #25
  26. kedavis Coolidge
    kedavis
    @kedavis

    TBA (View Comment):

    It is my fervent hope that the jury will do the right thing.

    Doubtless the state will attempt to pack the pool with people who haven’t been mugged.

    Won’t be easy.

    In this case, once again, the process is the punishment.

    • #26
  27. kedavis Coolidge
    kedavis
    @kedavis

    Retail Lawyer (View Comment):

    Alvin Bragg has done this previously. See Jose Alba, who was working in a bodega and was attacked by a knife wielding son of a woman who may have been treated rudely when she had insufficient food stamps to pay for her junk food. Jose won the knife fight. My theory was that the loser of the fight was same race as Bragg, and the victor was of a color less privileged than black, so the victor was charged with murder. I’m assuming the diversity of colors plays the same way in this case. Does that make me a racist?

    The woman brought her son to the store to threaten or harass or kill the bodega worker. My white parents would have moved heaven and earth to keep me out of a situation like that. Does that make me white privileged?

    • #27
  28. kedavis Coolidge
    kedavis
    @kedavis

    Prosecutor defending his position:  “Well, y’see, if the victim hadn’t defended himself, there would have been only ONE person shot, instead of TWO!  The victim made it twice as bad, and he must be punished!”

    • #28
  29. TBA Coolidge
    TBA
    @RobtGilsdorf

    Lady Liberty is blind so that judges can put their thumbs on the scales and not get caught. 

    • #29
  30. Full Size Tabby Member
    Full Size Tabby
    @FullSizeTabby

    As a lawyer, I can follow the points noted by @ctlaw . But, as the headline of this post emphasizes, it is a weird prioritization of effort to spend the effort charging the target of the initial crime (who was injured during that initial crime) with the fine points of self defense while he is bleeding from his injury, when the city is awash in street crime yet felonies are being charged as misdemeanors, and all but the most violent criminals are being released back onto the streets to commit more crime. After the city is a model of peace and safety we can resume a sophisticated discussion of the fine points of how long the victim of a violent crime has to wait before he can be confident he is safe from a re-attack by the criminal. 

    • #30
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