Waiter Sentenced To Eight Years In Prison For Killing Busboy

David Jimenez-Salazar stabbed Elvin Padilla with broken liquor bottle after an argument over tips

Nassau County District Attorney Anne T. Donnelly announced that a waiter at a Hicksville restaurant was recently sentenced to eight years in prison for stabbing and killing his co-worker in July 2020 after an argument about tip money.

David Jimenez Salazar, 25, of Farmingdale, was convicted after a jury trial before Judge Howard Sturim on January 31, 2023, of Manslaughter in the First Degree (a B felony). He was sentenced recently to eight years in prison and five years’ post release supervision. The NCDA recommended a sentence of 22 years in prison and five years’ post release supervision.

“During the early days of the COVID-19 pandemic, when the restaurant industry and its employees were struggling, Elvin Padilla just wanted his fair share of tips for his shift. His ask – and the argument that ensued – ended up costing him his life,” said DA Donnelly. “The enraged defendant thrust a jagged bottle into the victim’s neck and killed him. We hope that the defendant’s conviction and today’s jail sentence bring some comfort to Elvin Padilla’s family as they continue to mourn his loss.”

DA Donnelly said that, on July 16, 2020, at approximately 10:39 p.m. at the La Candela Restaurant in Hicksville, the defendant, a waiter at the restaurant, began arguing with the victim, 37-year-old Elvin Padilla, a busboy at the same restaurant, about tip money.

At the time, because of the impact of the COVID-19 pandemic, the restaurant’s ownership instituted a policy that waiters were to share 30 percent of total tips with busboys. That evening, Padilla accused the defendant of under-tipping him for his night’s work and shorting him $20.

As the argument continued, Padilla threw his tip money back at the defendant and pushed him. The defendant and victim then began shoving each other until the defendant left the area. Padilla exited the kitchen shortly after and entered the bar area of the restaurant where the defendant was waiting for him. Salazar picked up a glass vodka bottle and swung it at Padilla, striking him. The defendant then broke the bottle on the counter, leaving a jagged-edged bottle neck, and swung it again at Padilla, stabbing him in the jugular.

When police arrived at the restaurant, the victim was found lying on the floor and pronounced deceased.

Salazar was arrested at the scene by members of the Nassau County Police

Department’s Eighth Precinct. Senior Litigation Counsel Tracy Keeton of the Homicide Bureau is prosecuting the case. Salazar is represented by Karl Seman, Esq.

—Submitted by the Office of the District Attorney of Nassau County

Serious Vehicular Accident In Massapequa

The Seventh Squad reports the details of a Serious Vehicular Accident that occurred on Friday, March 10, 2023 at 9:15 PM in Massapequa.

According to Detectives, a 70-year-old female pedestrian was crossing Sunrise Highway near the intersection of Unqua Road where she was struck by a 2017 Chevrolet operated by a 44-year-old male. A 2020 Hyundai, operated by a 42-yearold male, swerved to avoid collision with the Chevrolet, but also struck the victim knocking her to the ground. Both vehicles remained at scene. A third vehicle, a dark colored sedan, additionally struck the victim but fled scene westbound on Sunrise Highway. The victim was transported to a local hospital and is listed in critical but stable condition. The investigation is ongoing.

Detectives request anyone with information regarding the above listed incident to contact Nassau County Crime Stoppers at 1-800-244-TIPS or call 911. All callers will remain anonymous.

—Details by: Det. Unverzagt/7th Squad 03/11/23/2100/8963

Update:

The Seventh Squad is reporting the above victim has succumbed to her injuries and was pronounced deceased by hospital staff. She has been identified as Lynn Walsh of Massapequa Park.

—Details by: Det. Unverzagt/7th Sqd 03/18/23/1030/8931