The late dancer confronted a person on the film believed to be the accused teen and the pair disappeared off-camera for a moment. At that moment, Sibley was allegedly stabbed. He died not long after. But one key part of Gonzalez’s rationale for charging the teen is questionable. The prosecutor said Sibley was “rightfully in a position to speak out and protect himself and his friends from anti-gay and anti-Black slurs.” But words in and of themselves are not necessarily threatening and do not have the ability to kill. Sibley’s move on the teen could complicate the case, as the 28-year-old appeared much larger and more physically imposing than the person he lunged toward, according to the video. A jury could easily find that, no matter what was said, the decision to pursue the teen made Sibley the fight’s aggressor and that the teen was in fear for his life. New York is not a “stand your ground” state — meaning people in fear for their lives have what is called a “duty to retreat.” But the state does have self-defense laws on the books. Find Law breaks down the state’s duty to retreat statute: “According to the duty to retreat principles, when an individual is under immediate threat of harm, they are required to retreat from the threat as much as possible. Only then, can the individual use force for self-defense purposes; the use of deadly force is considered a last resort.” Kevin Conway, a New York-based defense attorney, further explained the law on his website: “New York is a state that has ‘duty to retreat’ laws. What this means is that you are expected to try and remove yourself from a dangerous situation. If you do not attempt to escape the situation and end up using deadly force, it is possible that you could be charged with a crime. “However, if you are trapped and have no way of preventing an altercation, you may need to fight back. In these cases, you can claim self-defense because you did what you could to prevent a scenario where you had to use force.” The video shared of the deadly fight could be interpreted to show Sibley as the aggressor and that the teen made a legally-obligated attempt to retreat. This is, of course, not a defense of the teen, as all the facts are not known. But after multiple viewings of the killing, Gonzalez might find himself in a difficult spot when attempting to prove to a jury that Sibley was the victim. The video appears to show him as the aggressor, once the situation had escalated beyond an exchange of words, however offensive those words might have been. The case will ultimately be decided by a jury. The teen’s first court appearance was scheduled for Friday. This article appeared originally on The Western Journal.
The court case surrounding O’Shae Sibley is going to be an interesting one. Let me make it clear, Sibley did not deserve to die, but this footage could be damning to the case. The defence will use this footage and depict Sibley as the aggressor. #OshaeSibley #OsheaSibley #news pic.twitter.com/42nZSGyGE4— That Guy Shane (@ProfanityNewz) August 5, 2023