Bodega Worker Who Fatally Stabbed Attacker Has Murder Charges Dropped

Murder fees in opposition to a New York City bodega employee shall be dropped, in keeping with a submitting by the Manhattan District Attorney’s Office.

Jose Alba, 61, was charged with second-degree homicide following a July 1 encounter with a person whereas he was working the counter on the Blue Moon comfort retailer in Hamilton Heights.

Austin Simon, 35, allegedly attacked Alba after the clerk took a bag of chips away from his girlfriend’s daughter after her digital advantages card was declined. Simon got here into the shop and demanded an apology, ultimately going behind the counter and grabbing Alba by the collar. As the confrontation escalated, Alba grabbed a knife and stabbed Simon. Investigators decided that Simon was unarmed.

As his story unfold, calls started to amplify for the fees in opposition to Alba to be dropped, based mostly on the idea that he acted in self-defense. Despite Simon being unarmed, Alba and his supporters argued that he was clearly the aggressor and had the benefit of being youthful. The calls grew much more pronounced after a safety video was launched exhibiting the incident from a special approach by which Simon’s girlfriend might be seen stabbing Alba’s arm.

“He was put in a position where, he couldn’t tell how it was gonna end,” a translator talking for Alba informed CBS News. “He was just defending his life.”

The information of the fees being dropped was reported on Tuesday morning by Fox News’ Alexandria Hernandez on Twitter. The movement, later obtained by The New York Times, famous that the choice had been made to drop the fees since “a homicide case against Alba could not be proven at trial beyond a reasonable doubt.” Original plans to place the case earlier than a grand jury have been dropped.

Newsweek reached out to the Manhattan District Attorney’s Office for remark.

In a press release on the district lawyer’s resolution, Simon’s household expressed disappointment after talking with the workplace on Tuesday morning.

“We are all clearly disappointed and can’t understand how it’s OK to take an unarmed man’s life,” cousin Candra Simon stated, in keeping with the Times. “This decision sets a dangerous precedent.”

Prior to the incident, Alba had no prison report. Simon, in keeping with Hernandez, was on parole for a earlier cost of assault. Alba was launched from Rikers Island jail after per week, as soon as his bail was lowered from $250,000 to $50,000.