17 Year Old Pleads Not Guilty In O'Shae Sibley's Stabbing Death. Analysis With NY Criminal Defense Attorney David Schwartz on CBS 2.

0:00
the 17 year old high school student
0:02
charged in the stabbing death of
0:04
28-year-old O'Shea Sibley will be tried
0:06
as an adult Sibley had been dancing with
0:09
friends at a Brooklyn gas station when
0:10
police say they got into a confrontation
0:12
with another group CBS 2's Alice Gainer
0:15
was in court for the suspect's
0:16
arraignments
0:18
seventeen-year-old Dimitri Popov entered
0:20
the courtroom and looked at his family
0:21
in the gallery as they waved they said
0:23
nothing after you have any comment at
0:25
all hop-off's attorney entered a knock
0:27
guilty plea on his behalf on charges
0:29
that include second-degree murder as a
0:30
hate crime for the stabbing death of 28
0:32
year old O'Shea Sibley he regrets what
0:35
happens certainly does but it doesn't
0:37
mean that he's guilty of a crime on July
0:39
29th Sibley was dancing with friends at
0:41
a gas station in Midwood Brooklyn the
0:43
NYPD says a group of teens got into an
0:45
argument with Sibley and his friends and
0:47
spewed homophobic slurs and anti-black
0:49
statements at them security camera video
0:51
shows both groups walking away Sibley
0:53
then comes back to confront Popoff who
0:55
was recording with his phone allegedly
0:57
continuing to say hateful remarks Sibley
1:00
is seen following the teen then lunging
1:01
at him the Brooklyn D.A says Popoff
1:03
allegedly reached into his pocket and
1:05
pointed a knife at one of Sibley's
1:06
friends threatening to stab him the
1:08
stabbing happened out of view of the
1:10
cameras allegedly at the hands of Popov
1:12
the Brooklyn D.A notes Sibley did not
1:14
have a weapon defending yourself from
1:16
being an anti gay or an anti-black
1:19
comment and arguing back is not a cause
1:23
for someone to take a weapon and do what
1:27
was done pop-off's attorney claims his
1:28
client did not hurl hate speech and I
1:30
suspect that other people did that were
1:33
not arrested he says they're looking
1:35
into self-defense but it's early
1:36
criminal defense attorney David Schwartz
1:38
who is not involved in the case explains
1:40
what that would require what the defense
1:42
needs to show is that this um Act was
1:46
justified and that the defendant
1:49
reasonably believed that his life was in
1:52
harm or he was in danger of physical
1:54
harm the defendant first had to try to
1:58
retreat from the harm before invoking
2:01
the self-defense rallies and vigils have
2:04
been held in Sibley's honor in support
2:05
of the lgbtqia plus Community it robs
2:08
not just the family but an entire
2:11
community of the sense of Safety and
2:14
Security on the hate crime count if
2:16
convicted it's a minimum 20 years behind
2:18
line bars the maximum 25 to Life
2:20
popoff's next court date is October 10th
2:22
outside of the courthouse in downtown
2:24
Brooklyn Alice Gainer CBS 2 News