All charges dropped against 61-year-old NYC deli worker Jose Alba who fatally stabbed a bigger, a younger attacker: According to the New York Times, Manhattan District Attorney Alvin Bragg’s office dropped all charges against 61-year-old deli worker Jose Alba, who fatally killed an attacker earlier this month.
What are the details?
Despite video showing a much larger and younger man — 35-year-old Austin Simon — going behind the counter of a Harlem deli on July 1 and physically attacking Alba, who works there, Bragg’s office charged Alba with second-degree murder and criminal possession of a weapon and sent him to notorious Rikers Island prison.
In fact, the further video shows Alba pleading with an enraged Simon, “I don’t want a problem,” before Simon pushed Alba into store shelves and grabbed him by the neck.
Simon was enraged when Alba pulled potato chips away from Simon’s girlfriend’s 10-year-old daughter, whose benefits card did not function in the transaction.
Bragg’s office was heavily chastised for Alba’s murder accusation, his incarceration on Rikers, and the $250,000 bond Alba would need to post to be released. Democratic New York City Mayor Eric Adams defended Alba, calling her “innocent.”
Alba was soon released on a $50,000 bond, claiming he was defending himself against Simon. As the investigation continued, pressure built on Bragg’s office to drop the charges against Alba.
Finally, the district attorney’s office stated in a motion to dismiss the case filed Tuesday morning that “a homicide case against Alba could not be proven at trial beyond a reasonable doubt.” According to the article, the case will not be referred to before a grand jury.
Simon was an ex-con on parole
According to the New York Post, Simon was on parole for assaulting an officer at the time of the fateful confrontation in the Harlem bodega. According to state correctional records, Simon served prison time on a second-degree assault conviction for attacking the officer before being paroled last year.
Furthermore, according to the article, Simon was arrested at least eight times on crimes ranging from assault and robbery to violence during a domestic quarrel, citing sources and documents.
According to the criminal complaint, Simon’s girlfriend grabbed a knife from her purse and wounded Alba in the arm during the bodega incident.
According to police sources, Alba was stabbed during the incident, although Simon’s girlfriend denied stabbing Alba to police, according to the Post in a different report. According to the Post, Alba’s lawyer stated during his arraignment that Simon’s girlfriend stabbed him three times in the shoulder and hand.
How did Simon’s family react to the dropped charges?
The Times added that Simon’s family spoke with the district attorney’s office Tuesday morning and criticized the decision. Simon’s cousin Candra Simon said “we are all clearly disappointed and can’t understand how it’s OK to take an unarmed man’s life. This decision sets a dangerous precedent,” the paper reported.