Stopping smoking can kill you

[fallout]

Officials say bouncer slain over NYC's smoking ban
Tuesday, April 15, 2003 Posted: 3:07 AM EDT (0707 GMT)



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NEW YORK (Reuters) -- A bouncer at a trendy Manhattan nightclub was stabbed to death after he tried to enforce New York's tough new anti-smoking law, officials said Monday.

Police said the bouncer was stabbed in the early hours of Sunday morning in the Guernica club on the Lower East Side after asking one of two brothers in the club to put out a cigarette.

After an argument with the men, the bouncer tried to eject them and was stabbed in the stomach "with an unknown sharp object," police said.

The bouncer, 6-foot-6 Dana "Shazam" Blake, 32, died of his injuries.

The two brothers, Jonathan Chan, 29, and Ching Chan, 31, of Manhattan's Chinatown face charges of assault, criminal possession of a weapon and resisting arrest, police and prosecutors said.

New York's tough new law banning smoking in bars and restaurants, with very few exceptions, was pushed by Mayor Michael Bloomberg, a former smoker who has turned into an anti-smoking zealot. The law, which went into effect on March 30 and penalizes first-time offenders with a $200 fine, was designed to protect workers in the city's 13,000 bars and restaurants that have allowed smoking.

Businesses caught repeatedly allowing smoking run the risk of being shut down.

Bouquets of flowers and photographs in tribute to Blake were displayed outside the Guernica club, which serves Spanish tapas and cocktails and has a dance floor.



This was cnn.com.
Also: Why was there no charge of murder?

[Maine-iac]

Rather ironic, given that the intent of the law was to protect the health and safety of those working in bars.

I suspect the murder charges will be filed later.

[Guerilla poster]

I blame the guys who stabbed the bouncer. I criticize Bloomberg for a stupid law.

[Harry]

It's the government's fault.

[fallout]

Originally Posted by Harry

It's the government's fault.

Raising taxes might help.

[Jack]

Also: Why was there no charge of murder?

I think prosecutors often defer charging criminals with serious crimes so as not to screw things up. I don't know if that's the case here.

It's also possible that the bouncer was still alive when they were initially charged.

[Loner]

As for the charges, a longer account of the incident I read said that the bouncer picked the guy up by the neck to throw him out.
It sounds like the perp was belligerent, but if anyone were to grab me by the neck or throat to throw me out before telling me to leave, I imagine I would perceive that as an immediate threat to my survival and react as violently as I could(though I don't carry weapons).
If the bouncer assaulted the guy first, it's possible that manslaughter is the more appropriate charge.

[Jack]

http://www.nytimes.com/2003/04/18/nyregion/18BOUN.html

Good thing they didn't charge the Chan bothers with murder. The police are now looking at a new suspect.