A 20-year-old man has been convicted in the stabbing death of a 30-year-old father of 11.
Twenty-year-old Nasiar Day had confessed to killing 30-year-old Jose “Migue” Malave at the victim’s Palisade Avenue, New Jersey, USA home on November 14, 2017.
As reported by Jersey Journal, a number of events led to the senseless killing of Malave, a father of 11 children.
Day’s defense attorney said Day moved to Jersey City to live with his girlfriend and their baby but they had money trouble and were evicted. After a few months, the landlord put most of their possessions on the street, including clothing, a crib and other items.
On the day of the homicide, Day was hanging around with friend Devante Dormena, who was 17 at the time, and others at a nearby deli. Day saw Malave and his then eight-year-old son walk by and noticed the boy was wearing a sweatshirt that he recognised as his own.
Day told Malave that the shirt belonged to him and Malave said he would give it back, but he just wanted to walk his son home first.
At Malave’s apartment, he returned the sweatshirt, which was apparently taken when Day’s things were put at the curbside.
Day thought Malave might have more of his belongings, but when and he and Dormena went back to the apartment, the Malaves would not let them inside. Instead, they let others come into their home and they found more items belonging to Day. The items were returned as well.
Hudson County Assistant Prosecutor Nicole Gazzar said Malave tried to diffuse the situation at every turn, but Day would not let it go. She said Day got a knife and he and Dormena went back to Malave’s home and pushed their way inside. Dormena punched Malave before Day fatally stabbed him.
Gazzar said the clothes Malave returned that day were recovered in a search in Newark and they had Malave’s blood on them. She said Day was actually holding all the clothing Malave had willingly returned as he stabbed him to death.
Gazzar noted that Day was arrested three times as a juvenile and was adjudicated delinquent for aggravated assault in an incident in which he beat a 16-year-old girl with a scooter.
He was on probation for that incident when he killed Malave.
The judge meted out the maximum penalty of 20 years for the crime under the plea deal.
He said Malave had done nothing wrong and merely reclaimed some garbage on the sidewalk.
Dormena pleaded guilty to aggravated assault and faces five to 10 years in prison.
“You are a violent person, that’s what your record says,” Young told Day before sentencing him.
Day showed no emotion at the sentencing but did apologise to Malave’s family.