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The Post reports that a 13 year old was charged with attempted murder after he stabbed someone who had been attacking him. Apparently Brandon Montalvo was chased by a bunch of people and Montalvo tried to hide out in a store, but then had to leave the store and enter into the clutches of the awaiting gang. So, before getting his ass kicked (one of the store's clerks tells the Post, "A bunch of them jumped on him. They just wanted to beat him down"), Montalvo stabbed one of the gangmembers in the groin. We're a little hazy on whether self defense allows you to stab someone if you feel you're in danger, but it's possible the charge might get downgraded when this goes to court.
Attempted Murder Charge for 13 Year Old Who Was Chased by Gang
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The World March for Peace and Nonviolence comes to New York tomorrow, Monday, November 30, 2009, on
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I wonder why the owners of the store couldn't just call the cops, and let the kid stay until they arrived. Sounds like Mr. Serrano (the store clerk) had an excellent vantage point to watch him get attacked.
this story has "future law school exam question" written all over it.
#1:
If you've ever been to SoBro (South Bronx, Mott Haven) you'd know the cops do not care to go there ( I have a friend [who's black] in NYPD who says they avoid it like the plague). NYPD is not wanted and when they are wanted they do not respond quickly because they're usually not wanted. SoBro is rated as one of the poorest and crime-ridden places in the United States.
Either way, if Montalvo was being attacked one would think that stabbing his attacker would be self defense. Being that the attacker was stabbed in the family jewels, makes me believe Montalvo was on the ground being beaten.
You could be right about Mott Haven and police response, but whenever I am up there it seems to be swarming with cop cars. That's not a good thing in most cases.
Swarming with cop cars is a good thing. It's was how NYC got safe again. Thank Bratton for that.
This story sounds like there are a lot of details left out. On its face, it sounds outrageous.
It reminds me of the old lady who spilled coffee on herself. People freaked out that she got all that money, until all the details about the situation were revealed, such as the pretty significant injury she suffered, and the "bad acts" on the part of McDonalds.
Given that as an example, I wouldn't be surprised to learn that he stabbed the other guy in the groin after he was beaten up, as revenge, when the gang was leaving.
wait. You can't attempt murder on people attempting murder on you?
If there's not more to the story, it's ridiculous to prosecute the kid for defending himself -- especially seeing as that shop clerk kicked him out of the store...
Isn't there a 'good samaritan' law in NY?
edEx,
I meant that swarming cop cars is indicative of a bad crime problem, not that police presence is a bad thing in itself. I was just saying that my personal experience is that Mott Haven seems to have a pretty active police presence. Alarmingly active. I always see cop cars around the 138th street 4 and 6 stops and zooming around 3rd Avenue. You'd hope that you could expect the cops to come as quick as they can wherever you are, Mott Haven or wherever else.
I agree wth you. Where were the police? The Post, as usual, printed a story with no story, I don't even consider this news.
good samaritan law? no. should there be? no. i'm not one for good samaritan laws. common sense should prevail on helping someone out. however, if there are guns or knives involved it's usually better to call 911 or find a cop.
Heh, just for the record, I've been to Highbridge once, during the day.
Sad that a 13yr old needs to pack a machete to protect himself, but good for him that his attacker won't be spawning rugrats like him.
Attempted murder???? All he did was Stab him in the groin. Self defense is what I see. I wonder if he hacked off a nut or two.
The charge will be downgraded and will be wiped from his record when he reaches 18.
Case Closed.
Murder was the case that they gave me.
however, if there are guns or knives involved it's usually better to call 911 or find a cop.
Yep, because there is always time to do this when your life is in danger.
My guess is that Jack McCoy in training is going to say that he could have called the police and waited in the store for them to arrive, but instead chose to go back out side with the intention being a vigilante and killing someone with the knife.
In some states, this would be referred to as "standing up for yourself."
that is crazy
This was clearly an attack in self defense, although a 13 year old walking around with a knife worries me...
i might of came late to this topic .but im from mott haven and im not like those who see it as a crime infested ghetto cause ive seen worst ghettos in the u.s and in my countrie dominican republic and oh yeah in new york also mount eden hunts point east new york any wayz about this dude who stabb that other sucker in the balls thats how you do it i mean when it comes down to it that kid was lucky he aint got stabb in the heart your life comes first n you should defend your self against any one tryin to take it f the courts n the system they dont care about us people get murder here and it dosent even make it on the news they got us like we a lost tribe and ignore us like if we aint new yorkers or as if our life has no value so f all ya peace
another thing i have to add cause i smoked 3 blunts n i feel like talkin yo 13 year olds pack knives round here when i was 13 i pack more than that. why? cause of the problems we face round here or any ghetto cause of fear yeah fear we have fear we aint just happy go luckys we live around killers yeah rapist bums in the street crack heads n so much poverty im not from long island or a soburb in jersey my fears aint about belongin or not havin the latest prada shoes my fears are not makin it in college yeah im in college my fears are havin kids in this places.or scare for a love one when they go out bullets got no names yo my cuzin was murdered last week no lie. fuck republicans n fuck who eva wanna clown my hood what we need is help peace.