David Jimenez Salazar gets 8 years in death of Hicksville restaurant co-worker

A waiter convicted earlier this year of fatally stabbing a busboy in the neck with the jagged edge of a broken vodka bottle in a dispute over tips at a Hicksville restaurant where they both worked was sentenced Friday to eight years in prison, Nassau County prosecutors said.

David Jimenez Salazar, 25, of Farmingdale was convicted on Jan. 31 of first-degree manslaughter after a weeklong jury trial.

Prosecutors had asked for a 22-year prison sentence but District Court Judge Howard Sturim sentenced Jimenez Salazar to eight years behind bars 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," said Nassau County District Attorney Anne Donnelly. "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.”

Karl Seman, Jimenez Salazar's Garden City-based defense attorney, said he has already filed a notice of appeal.

"Despite what the D.A. said previously, the trial evidence showed this was a physical fight between two co-workers," Seman said. "The defendant exercised poor judgment which resulted in a double tragedy."

On July 16, 2020, Jimenez Salazar, a waiter at La Candela Restaurant in Hicksville, began arguing with Padilla, a 37-year-old busboy, about tip money, prosecutors said.

The restaurant's owner had instituted a policy, because of the impact of the pandemic on the food service industry, that waiters were to share 30% of total tips with busboys, officials said.

But that evening, Padilla accused Jimenez Salazar of under-tipping him for his night’s work and shorting him $20, prosecutors said.

As the men argued, Padilla threw his tip money back at Jimenez Salazar and pushed him. The two men began shoving each other until Jimenez Salazar left the area, prosecutors said. Padilla left the kitchen and entered the bar area of the restaurant where Jimenez Salazar was waiting for him, authorities said.

Jimenez Salazar picked up a glass vodka bottle and swung it at Padilla, striking him, prosecutors said. The defendant then broke the bottle on the counter — leaving a jagged-edged neck — and swung it again at Padilla, stabbing him in the jugular, authorities said.

The victim was found lying on the floor and pronounced dead.

By Robert Brodsky

robert.brodsky@newsday.com@BrodskyRobert

Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.