By: Hadassa Kalatizadeh
New York City bodega owners are speaking up in defense of Jose Alba, a fellow clerk who killed an ex-con that attacked him.
As reported by the NY Post, the United Bodegas of America is calling on Manhattan District Attorney Alvin Bragg to drop murder charges against Alba. “Mr. Alba was clearly defending himself from a younger & stronger man who assaulted him,” wrote UBA President Radhames Rodriguez. “There was no time for Mr. Alba to think when his life was in danger. The video tapes clearly show who the aggressor was in this case. Austin Simon went behind the counter to beat Jose Alba and possibly kill him, Jose simply defended himself with whatever he could get his hands on.”
The incident, which occurred on July 1, was caught on video footage. Alba, 61, is seen on camera fighting off an attack at his Hamilton Heights Grocery on Broadway and West 139th Street in Manhattan. Austin Simon, 35, and his girlfriend didn’t produce enough money for the bag of chips so Simon stepped behind the counter. Alba was pushed into the counter but fought back, stabbing Austin five times, fatally. Alba was then allegedly stabbed by Austin’s girlfriend in the shoulder and hand.
On Thursday, Alba was released from Riker’s Island on $50,000 bail. Leaders of the bodega association said Alba can’t afford a defense lawyer. The group is holding a news conference in the Bronx on Monday morning and plans to meet with the top prosecutor on Tuesday to ask him to drop Alba’s case. Alba has no criminal record, while Simon had prior arrests, including for robbery and assault, and has served time in state prison on a 2016 conviction for assaulting a police officer. His girlfriend is not facing charges for stabbing Alba.
Bipartisan members of the city council are also stepping up to demand that DA Bragg drop the charges for Alba. “The fact that you are even prosecuting Mr. Alba reveals how your perverse sense of justice not only protects violent criminals, but actively seeks to destroy the lives of crime victims,” reads a letter signed by two Democratic and five Republican city lawmakers. On Thursday, Mayor Eric Adams, weighed in, expressing sympathy for the “hard-working” and “honest” corner store employee, although Hizzoner refrained from explicitly criticizing DA Bragg’s office.
Bragg, who took on the position in January, has been criticized from the start for his soft stance on certain crimes including robbery and drugs. His infamous ‘Day One memo’, instructed his office not to seek jail time except for the most serious crimes. He had immediately faced criticism from business owners and police officials. Currently in New York, petit larceny, or stealing items worth less than $1,000, is a misdemeanor, which will generally not be prosecuted. Petit larceny complaints citywide have jumped 43 percent, reaching 55,876 for the year ending July 3, as per NYPD data.
