NYC attorneys say deli worker, 61, who fatally stabbed younger attacker in self-defense went overboard: Report

New York City attorneys said the 61-year-old deli worker who two years ago fatally stabbed his attacker in self-defense went overboard, according to the New York Post.

What's the background?

Video showed 35-year-old Austin Simon going behind the counter of a Harlem deli on July 1, 2022, and physically attacking a worker there, Jose Alba. Simon was angry that Alba took potato chips from the 10-year-old daughter of Simon's girlfriend, whose benefits card failed to work in the transaction.

Video also shows Alba pleading with Simon, "I don't want a problem," before Simon aggressively shoved Alba into store shelves and grabbed him by the neck. Simon then began to walk Alba from the area behind the counter.

With that, Alba grabbed a knife.

“He wanted me to come apologize to the girl,” Alba told a New York City police detective, according to the New York Daily News. “I took the knife we use to open boxes, and I stabbed him.” The Daily News said Alba stabbed Simon at least five times in the neck and chest.

The paper — citing the criminal complaint — added that Simon’s girlfriend grabbed a knife from her purse and stabbed Alba in the arm.

Manhattan District Attorney Alvin Bragg's office faced intense criticism for charging Alba with second-degree murder and criminal possession of a weapon, sending him to notorious Rikers Island, and setting his bail at $250,000. One of Alba's defenders was Democratic New York City Mayor Eric Adams, who called Alba "innocent."

Soon, Alba was released on a reduced $50,000 bail and maintained he was defending himself against Simon. Bragg's office soon dropped all charges against Alba in the face of continued public pressure.

After Alba sued Bragg and the NYPD for civil rights violations last fall, New York City lawyers in December urged a federal judge to dismiss his lawsuit, Fox News reported. The attorneys' court filing indicated that "under the circumstances there was sufficient probable cause to arrest and prosecute Mr. Alba," a city Law Department spokesman said at the time, according to Fox News.

NYC attorneys had previously stated "it was entirely reasonable to believe" that Alba "unnecessarily escalated the confrontation between himself and Mr. Simon — even if it was Mr. Simon who initiated the confrontation," the cable network said.

Now what?

Alba has argued there was no reason to arrest and prosecute him given that he was acting in self-defense. But the Post reported that city attorneys in federal court papers filed in March said "considering the events that led to plaintiff stabbing Mr. Simon, that is an extreme position."

“Mr. Simon pushed [Alba] once and grabbed him by the collar to escort him outside for the expressed purpose of having him apologize to” his girlfriend, the attorneys added, according to the Post. “While the District Attorney’s Office found it would be difficult to disprove justification beyond a reasonable doubt, it was not unreasonable to arrest plaintiff in the first place.”

Here's a Fox News report that aired after Alba filed his lawsuit:

Ex-bodega worker suing NYC over ‘racial equity policies’ youtu.be

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Murder charges dropped against Harlem fishmonger who allegedly gutted a man in deadly brawl over stolen shrimp

A Harlem fishmonger took a pause from fileting fish Tuesday night to allegedly gut a man said to have attacked his coworker and stolen shrimp.

Junior Aquino Hernandez, 34, was initially arrested and charged with murder for reportedly rushing to the defense of his battered colleague, Francisco Morales; however, the Manhattan District Attorney's Office dropped the charge Thursday, suggesting a full investigation was first required.

The New York Post reported that Hernandez, a father of four with no criminal priors, was working at the Fish Express Fish Market on St. Nicholas Place near Edgecombe Avenue in Sugar Hill Tuesday night when an individual came in and attempted to steal some product.

Pedro Laza, a 60-year-old witness, told the Post that Robert Burrell, 29, "tried to stick a lobster down his pants."

A police source told the Post that the alleged thief punched an employee, then fled the store, only to return with his brother four minutes later.

When Robert Burrell and his 25-year-old brother Malik Burrell returned, they reportedly went straight to the employee-only area behind the counter, where a fight broke out between the brothers and the fishmongers.

During the melee, Morales, a worker at the market, had his teeth knocked out, reported the Daily Mail.

Hernandez's failed attempt to break up the fight was interrupted when Robert Burrell threw a chair at another cook, said the DA's office.

Prosecutors alleged that Hernandez grabbed a fish knife and rushed to defend his coworker, ultimately stabbing both brothers, first Malik and then Robert as he dragged his injured brother out the door.

"Nobody stopped him stabbing," said Laza. "He was like a machine."

Both brothers were rushed to Harlem Hospital, where Malik died of his wounds. Robert survived with a punctured lung and other injuries.

Zaimar Eusebio, the mother to Robert Burrell's daughter, remarked after seeing the body of the deceased, "His whole stomach was out."

The decedent's father told the Post, "My sons were good kids, they ain't get in no trouble, they not no hard criminals. ... I'm crushed, man, I'm hurt. I can't believe my boy was killed over some shrimps. They killed my baby on his birthday."

Hernandez was initially charged with murder, assault, and weapons possession.

He told reporters at the time of his arraignment, "I didn't mean to hurt them."

Hernandez's wife, Estephanie Reyes, told the Post, “I do believe he was defending himself. ... I believe he was in a situation where it was his life or the other person’s life, or he wouldn’t have done this."

"I think it’s wrong that he is in jail for defending himself. He is not a murderer. He wasn’t the one looking for trouble," she added. "It could’ve gone the other way. ... They could have killed him."

Manuel Perez, the manger of the establishment, said, "It is not fair that someone be charged with serious crimes for defending themselves and their workplace against robbery."

Perez indicated that the Burrell brothers "broke the door and started hitting one of the employees that took the shrimp from them. They broke his face, his mouth, he was in really bad shape."

Only when the "fight got really bad did Hernandez intervene with the knife, suggested Perez.

Robert Burrell, previously charged in 2019 with felony assault, was charged in turn with robbery, burglary, and assault, said the NYPD.

In an about-face, the DA dropped the murder charges against Hernandez Thursday evening and released him from custody, stating, "At the time we are not prepared to go forward with the charges related to the death of Malik pending a full investigation."

Assistant District Attorney Mireille Dee said, "We are continuing our investigation to determine whether the initial stabbing [of Malik] behind the counter was justified," but added, "We are, however, filing charges with regard to the incident at the door for the stabbing of Robert Burrell."

A high-ranking police source told WCBS-TV that the surveillance footage will have great bearing on how prosecutors proceed, noting that if Hernandez is seen "fighting them off with a knife, that's one thing. If he's charging at them with the knife, that's something else entirely."

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In yet another NYC subway attack, cops say suspect tried to argue with victim — and when victim walked away, suspect stabbed him in back

In yet another New York City subway attack, police said a suspect tried to argue with a victim on a train platform — and when the victim walked away, the suspect stabbed him in the back.

What are the details?

Police said the perpetrator tried to engage the victim in a dispute just before 4:30 a.m. Friday on the southbound "A" line platform at 125th Street and St. Nicholas Avenue. Fox News reported that's a Harlem station.

Cops added that when the victim didn't respond, the suspect stabbed the victim once in the back.

Police said the victim is a 58-year-old man who ignored the suspect's attempt to start a "verbal dispute," Fox News said, citing NYPD Crimestoppers. The cable network added that when the victim walked away, the suspect followed behind him, pulled out a knife, and stabbed the victim once in the upper back.

The suspect then fled the station in an unknown direction, Fox News said.

The cable network said the suspect is between 28 and 35 years old and about 5 feet, 8 inches tall with a thin build.

WNYW-TV said the victim was rushed to Mount Sinai-Morningside Hospital in stable condition where he received multiple stitches for his wound.

Police said there's a $3,500 reward, and tipsters can confidentially call 1-800-577-TIPS. WNYW added that members of the public also can submit tips by logging on to the CrimeStoppers website or on Twitter @NYPDTips.

How are folks reacting?

Facebook commenters were none too pleased with the alleged attacker or with elected officials:

"And this Rhodes Scholar's got a book in his hand," one commenter said.
"Still crime on the rise in the subways and yet that useless governor and mayor yap [their] gums about more cops in the subways," another commenter observed. "[I've] yet to see any down there but a lot of homeless and crazy people walking and sleeping; one even taking a dump on the E train platform recently; stay safe commuters always watch your surroundings down there."
"It just doesn’t end," another commenter lamented.

TheBlaze has been extensively covering the recent spike in New York City subway attacks.

NYPD officer clobbers woman who appears to assault him, knocking her flat on her back. Police were arresting her boyfriend — an attempted murder suspect.

Cellphone video caught the moment a New York City police officer hit a woman who appeared to assault him during the arrest of her boyfriend — an attempted murder suspect — knocking her flat on her back on a Harlem sidewalk.

What are the details?

The video shows officers arresting the suspect on West 136th Street near Adam Clayton Powell Jr. Boulevard just before 5 p.m. Tuesday when Tamani Crum — a 19-year-old Bronx resident — rushed up to the scene, the New York Daily News reported.

Crum confronted an officer sources identified as Kendo Kinsey, the Daily News said. The pair appeared to exchange initial contact, with the officer easily sending her backward a few feet.

Image source: Twitter video screenshot via @etanthomas36

But Crum moved toward the officer again and appeared to hit or slap him on his right shoulder — and then the cop apparently had enough.

Image source: Twitter video screenshot via @etanthomas36

With that, the officer hit Crum fast and brutally hard, appearing to strike her in the face or head, after which Crum fell to her back on the sidewalk.

Image source: Twitter video screenshot via @etanthomas36

One witness is heard yelling in the video as Crum held her hands to her face, telling the cop, “You’re wilding, bro!” and referring to Crum as "a little girl."

The officer who hit Crum and another officer then picked her up and handcuffed her. Police said Crum was charged with assault on an officer, obstructing governmental administration, and resisting arrest, the Daily News reported.

Former NBA player Etan Thomas posted video of the incident on Twitter and noted that the cop who hit Crum "has ZERO business being a police officer & should be fired immediately." Thomas then asked Mayor Eric Adams if he has "the moral courage to publicly condemn this?”

Content warning: Racial slur

\u201cHe has ZERO business being a police officer & should be fired immediately. @ericadamsfornyc do you have the moral courage to publicly condemn this ? You can\u2019t be #BackTheBlue regardless if they are right or wrong. That\u2019s not leadership\u201d
— Etan Thomas (@Etan Thomas) 1661910293

Rev. Al Sharpton was supposed to hold a press conference about the incident Wednesday afternoon, the paper said.

What did police have to say?

The NYPD stated that the officer’s actions were justified, the Daily News reported.

Kinsey and other cops were arresting 22-year-old Elvin James — a suspect in an Aug. 12 case of attempted murder, the paper said. During his arrest, James was found with a loaded gun and drugs, police added to the Daily News.

Also during the arrest, an angry crowd gathered and began assaulting officers, the paper said, citing NYPD statements. One officer suffered a minor head injury, the Daily News said.

Faith Harrell, 27, was hit with the same charges as Crum, along with menacing and harassment, the Daily News reported. A 26-year-old woman was given a summons for spitting at an officer, the paper added.

Disturbing video shows suspects punch, spit on NYC cops in reaction to arrest on Harlem street: 'Oh, she spit in his face!'

Cellphone video captured people punching and spitting on New York City police officers as they attempted to make an arrest Tuesday evening on an East Harlem street, the New York Post reported.

What are the details?

Felicia Davis, 32, was playing loud music on Madison Avenue near East 105th Street in Manhattan just before 6 p.m. when officers told her to stop, the Post reported, citing cops and police sources.

With that, Davis ran away but left her speakers behind, police told the paper.

When she returned a short time later and refused to provide identification to police, officers tried to take her into custody, authorities added to the Post: