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A Nassau County jury found David Jimenez-Salazar, age 25, of Farmingdale, guilty of first-degree manslaughter Tuesday, Jan. 31, in the death of Elvin Padilla at the La Candela Restaurant in Hicksville in July 2020.
Prosecutors said it was around 10:40 p.m. on July 16, 2020 when Jimenez-Salazar got into an argument with Padilla, a 37-year-old father of two and busboy at the restaurant. Padilla had accused him of shorting him $20 from that night’s service.
At the time, the restaurant’s owner required waiters to share 30 percent of total tips with busboys because of the COVID-19 pandemic.
According to investigators, the argument escalated when Padilla threw his tip money back at Jimenez-Salazar and pushed him. The two began shoving each other and Jimenez-Salazar left.
A short time later, Padilla entered the restaurant's bar area where prosecutors said Jimenez-Salazar was waiting for him. That’s when the man picked up a glass vodka bottle and swung it at Padilla, striking him.
He then broke the bottle on the counter before stabbing Padilla in the neck with its jagged edge, according to investigators.
Nassau County Police officers found Padilla dead on the restaurant's floor. Salazar was arrested at the scene.
“Elvin Padilla called out sick on July 16, 2020, but after learning of a staff shortage, the dedicated employee took the shift – it would be the last he would ever work,” Nassau County District Attorney Anne Donnelly said.
“We thank the jury for their decision and continue to keep Elvin Padilla’s family in our thoughts.”
Jimenez-Salazar faces up to 25 years in prison when he’s sentenced on March 16.
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