Waiter Who Killed Busboy In Nassau Restaurant Sentenced To Prison: DA

NASSAU COUNTY, NY — A waiter at a Hicksville restaurant got eight years in prison in connection with fatally stabbing his co-worker during an argument about tip money in July 2020, Nassau County District Attorney Anne Donnelly announced Friday.

David Jimenez Salazar, 25, of Farmingdale, was convicted of first-degree manslaughter (a class B felony). Salazar will also need five years' post release supervision. The Nassau DA 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," Donnelly said in a news release. "His ask — and the argument that ensued — ended up costing him his life.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."

Salazar, a waiter at La Candela Restaurant in Hicksville, began arguing with Padilla, a busboy, about tips at 10:39 p.m. on July 16, 2020, Donnelly said. The restaurant had made a policy that waiters were to share 30 percent of total tips with busboys because of the impact of the coronavirus pandemic, authorities said.

Padilla accused Salazar of under-tipping him for his night’s work and shorting him $20, prosecutors said. Padilla threw his tip money back at Salazar and pushed him, the DA said. Salazar and Padilla then began shoving each other until Salazar left the area, officials said.

Padilla exited the kitchen shortly after and entered the bar area of the restaurant where Salazar was waiting for him, prosecutors said. Salazar picked up a glass vodka bottle and swung it at Padilla, striking him, officials said. Salazar broke the bottle on the counter, leaving a jagged-edged bottle neck, and swung it again at Padilla, stabbing him in the jugular, the DA said.

Padilla was found lying on the floor and pronounced dead by police.

Salazar was arrested at the restaurant. He is represented by Karl Seman.