July 19, 2022
NEW YORK – After an onslaught of harsh and direct criticism, Manhattan District Attorney Alvin Bragg finally dropped the controversial murder charge against bodega worker Jose Alba on Tuesday.
Bragg’s office conceded there wasn’t enough evidence to prosecute. What they failed to acknowledge was that Alba, 61, was actually the vicim of terror perpetuated by the man he fatally stabbed in self-defense. At least that is how the vast majority of rationale thinking people see the circumstances.
The DA’s office filed a motion in Manhattan Criminal Court to dismiss the case against Alba after an investigation found it couldn’t prove the “defendant was not justified in his use of deadly physical force.”
Bragg and his cronies faced ongoing backlash after Alba was quickly charged with fatally stabbing ex-con Austin Simon, 35, who had attacked Alba inside the Hamilton Heights Grocery on July 1, the New York Post reported.
Previous Law Officer report, July 10, 2022
NEW YORK – There is massive public outcry coming to the defense of a Manhattan bodega clerk who has been accused of murder after a scuffle started by the boyfriend of an irate customer. Particularly after the worker tried to avoid a confrontation with the man he killed, according to a video.
Jose Alba, 61, killed the physically aggressive Austin Simon, 35, during a July 1 scuffle that took place behind the counter of the bodega.
New video obtained by the New York Post showed what took place before the final act as Simon instigated the confrontation by pushing Alba.
Simon’s girlfriend had her electronic benefits card declined while she tried to make a purchase. This led to a disagreement. The girlfriend claimed Alba snatched a bag of chips (due to the declined sale) from her daughter.
Simon stormed into the Blue Moon convenience store five minutes later.
“Papa, I don’t want a problem, papa,” Alba, said as an irritated Simon intrudes behind the Hamilton Heights deli counter.
The video obtained by The Post reveals for the first time the words exchanged between between the participants prior to the fatal encounter.
“Did you put food?” the girlfriend can be heard on video asking Alba about how he rang up the sale.
“OK, mama, let me do it another time. My God,” Alba said.
“There’s money on there,” the woman said.
The edited footage then included the woman using profanities at Alba.
“You can’t touch my daughter. Don’t snatch that out of my daughter, you f****** piece of s***!” she said. The video does not show if Alba took the bag from the girl. It does, however, record the threats that flow from the woman’s mouth.
“I’m gonna bring my n***** down here, and he gonna f*** you up. My n***** is gonna come down here right now and f*** you up!”
“That’s not my fault, it’s not working,” Alba replied and went on serving other customers. When asked if the woman and girl took something, he said he took it back.
Simon then storms in behind the counter, the Western Journal reported.
“What’s up with you? N***** what is wrong with you?” he said.
Following the encounter, Alba was arrested and subsequently charged with second-degree murder by Manhattan District Attorney Alvin Bragg’s office.
Although he didn’t specifically criticize Bragg, New York Mayor Eric Adams on Thursday stood up for Alba.
“My heart goes out for this hard-working, honest New Yorker that was doing his job in his place of business, where a person came in and went behind the counter and attacked him,” Adams said, according to the New York Post.
Austin Simon, 35, stormed into the Blue Moon convenience store on July 1.
Francisco Marte is the founder of the Bodega and Small Business Group. He said Alba was “very sorry for what happened.”
“He knew that his life was threatened. He was protecting himself … or we would be looking to bury him today,” Marte exclaimed.
After an overwhelming amount of public pressure due to the belief that Alba was simply acting in self-defense, his bail, originally set at $250,000 was reduced to $50,000.
Alba, who suffered stab wounds in the attack reportedly inflicted by Simon’s girlfriend, was released from Rikers Island late Thursday.
“Sorry, I’m not talking to anybody. Talk to my lawyer,” Alba said Saturday through his door.
Adam B. Coleman summed up why the Alba incident has resonated across New York City in an editorial piece published by The Post.
“Alba understood the reality: No one was coming to save him. He needed police protection, but there was none in sight at that moment,” Coleman wrote.
“Americans used to take solace, perhaps naively, in the knowledge that their right to protect their personhood would always be respected by our justice system, but New York is rapidly proving that presumption false. Jose Alba now must face an uphill battle, fighting to save his good name after being tarred as a murderer and for his freedom, his most cherished asset,” he wrote.
“If Alba is somehow found guilty for fighting back against criminal tyranny, then New Yorkers should understand this new reality: When you’re in danger, no one is coming to save you, and if you try to save yourself, you’re likely to be condemned for it.”
