Mugging Victim Who Killed Bystander Guilty Of Murder

Manslaughter but not 2nd degree murder. If I was being mugged I probably would have acted the same way as Mr. Parks. And Mr. Byas "trying to help" on a Harlem street late at night-something about that doesn't sound right to me. I'm sorry for him untimely death, but it just seems a bit off to me. It's just sad all around. But the muggers should be the ones facing the most severe punishment. They're getting less than Mr. Parks. I don't think it's fair.

Murder? Really?

Jack McCoy must have been prosecuting.

Na-na-na-na, hey hey hey, goodbye

Are we ever going to realize that there are other options than prison for people who are clearly not a danger to society. The guy's had two incidents, both when he was being attacked, and otherwise appears to be a relatively decent member of society.

Manhattan prosecutors really are a douchey as the ones on Law and Order.

Getting mugged twice in 15 years is certainly a possibility, and probably could happen to any of us. Most of us, though, wouldn't be carrying an illegal gun or knife every time it happens.

This doesn't seem right.... 15 years for this kind of thing? It was clearly an accident and putting him away for 15 yrs will do nothing for society.

15 yrs of public service would though.

Too idealistic, I know.

It just doesn't seem right.

"putting him away for 15 yrs will do nothing for society."

Or... since over the past 15 years he's both shot someone and stabbed someone, maybe it will.

I hear what your saying Jaycjay.

Just thinking about the small possiblilty that this guy was seriosuly attacked in 94 and 2008 ...which would be some bad luck...and also a possible reason why he was disorientated/confused during this mugging.

Can't he plead temporary insanity or something?

Hopefully a lesson will be learned: DON'T EFF WITH THIS GUY.

jayclay's explanation is wrong. one can be convicted of a "lesser included offense."

Not applicable in this case. The judge didn't include that option in charging the jury. A jury can't come up with that on its own, the judge can submit the alternative if there's a reasonable view that the evidence might support the lesser charge but not the one he was charged with.

But you are right that I shouldn't have said there was only one situation where there could be more than one option. The point remains, though, that in this case the jury had only the choice of conviction or acquittal for second degree murder.

I say good enough -- he stabbed one of the guys standing there watching who was part of the group of thugs that mugged him. Reduce sentence!

Tough call for the judge. On one hand, it was a case of mistaken identity in the heat of post-mugging passion, on the other hand, this guy has a history. I'd suspend half and give the bastard a 'lazy eight'.

Applied and rejected by the NYPD 3 times? Wow. Even murderers can join the NYPD...Maybe if he applies now he'll be accepted. The NYPD tends to like those vengeful, violent, killer types.

Your use of the phrase "shortly after the attack, he ran into a man he thought was one of the muggers.." is not factual and is misleading. You make it sound like the attackers ran away and that he ran around and found some random guy and stabbed him. If that was the case, I doubt that it would have taken 16 months to convict him.

From the article below: "Police sources said Parks, a father of three, may have had the upper hand on his attackers by the time Byas appeared, and the good Samaritan got confused and attacked Parks. When the brawl ended, Byas was fatally wounded and Parks was bleeding from a stab wound to the stomach."

From: http://www.nydailynews.com/news/2008/01/12/2008-01-12_mugging_survivor_learned_fists_of_fury_a.html

But that article is from January 2008. That speculation about what may have happened has since been discredited.

As described in the trial coverage: when Parks he was attacked, the defended himself and the muggers fled. He called 911 to report the attack, and while he was on the phone Byas approached him. The 911 call has been publicly released; it's now clear that the intial attack was over and Parks was no longer being threatened when Byas was killed.

I stand corrected. I was looking for a picture of Parks since none were posted here and I saw that article. I didn't check the date.

Apologies to Gothamist.

"You take one piece away, none of this would have happened."

One piece like, for example, the "double-edged dagger" he was carrying.

If he was a cop he would have gotten off scotch free too.

Mmmm... Free scotch...

The most amazing thing about this whole story is learning that the NYPD actually rejects people.

"second degree murder"

called it.

Not a tough call, since it was the only charge he was on trial for.

could it have turned out to be guilty of "manslaughter" or "justifiable homicide" or am i really ignorant of how this works?

i'd like to do a self-congratulatory jig but only if i deserve it. let me know. thanks!

Nope. Once the indictment is in, that's what he goes on trial for. The only way something close to what you're talking about happens is when there's more than one charge filed, in which case a jury might find not guilty on the more serious one and guilty on the second. In this case, though, one charge means it's up or down.

good explanation, thanks.

unfortunately there will be no jig today :(

Well, you did call the conviction. That might be worth at least a self-congratulatory hop or two.