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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All charges dropped against 61-year-old NYC deli worker Jose Alba who fatally stabbed bigger, younger attacker



The office of Manhattan district attorney Alvin Bragg on Tuesday morning dropped all charges against 61-year-old deli worker Jose Alba who fatally stabbed an attacker earlier this month, the New York Times reported.

What are the details?

Bragg's office charged Alba with second-degree murder and criminal possession of a weapon and sent him to notorious Rikers Island prison despite video that shows a much larger and younger man — 35-year-old Austin Simon — going behind the counter of a Harlem deli July 1 and physically attacking Alba who works there.

In fact, additional video shows Alba pleading with an angry Simon, "I don't want a problem" before Simon aggressively shoved Alba into store shelves and grabbed him by the neck.

Image source: TeaTenders video screenshot

Image source: TeaTenders video screenshot

Simon was incensed that Alba took potato chips away from the 10-year-old daughter of Simon's girlfriend whose benefits card failed to work in the transaction.

'Homicide case ... could not be proven'

Bragg's office was intensely criticized for Alba's murder charge, his stint on Rikers, and the $250,000 bail Alba would have to raise to get out. 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. Pressure mounted daily against Bragg's office to drop charges against Alba as the investigation continued.

Finally, the district attorney’s office said “a homicide case against Alba could not be proven at trial beyond a reasonable doubt" as part of a motion to dismiss the case filed Tuesday morning, the Times said. The case won't be presented to a grand jury, the paper added.

Here's video of attack and stabbing.

Content warning: Graphic video:

Simon was an ex-con on parole

The New York Post reported that Simon was on parole for assaulting a cop at the time of the deadly encounter in the Harlem bodega. State corrections records show Simon served prison time on a second-degree assault conviction for attacking the officer before he was paroled last year, the Post added.

In addition, the paper — citing sources and records — said Simon was busted at least eight times on charges ranging from assault and robbery to assault during a domestic dispute.

The New York Daily News — citing the criminal complaint — added that Simon’s girlfriend grabbed a knife from her purse and stabbed Alba in the arm during the bodega attack.

Police sources said Alba was stabbed during the assault but that Simon's girlfriend denied to police that she stabbed Alba, the Post said in a separate story. Alba's lawyer said during his arraignment that Simon’s girlfriend stabbed Alba three times in the shoulder and hand, the Post added.

New Video Shows Girlfriend Stab NYC Bodega Worker After Confrontation Turned Deadly | News 4 Nowyoutu.be

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.

The Left Is Doing Its Best To Make Self-Defense A Crime

A fearless citizen with the will and means to defend himself is a threat to left-wing bureaucrats who want to boss him around.

New video: Deli worker Jose Alba pleads with angry Austin Simon 'I don't want a problem' before Simon — an ex-con — attacks Alba, and Alba stabs Simon



New video shows New York City deli worker Jose Alba pleading with an angry Austin Simon "I don't want a problem," before Simon walks into the area behind the counter and attacks Alba — after which Alba fatally stabs Simon in what many are calling a clear case of self-defense.

What are the details?

Simon confronted Alba at the Bluemoon Convenient Store in Harlem late July 1 after Alba allegedly touched the hand of the daughter of Simon's girlfriend and took back a bag of chips from the daughter that Simon's girlfriend couldn't pay for.

In the latest video of the altercation obtained by the New York Post, Alba appears to try to avoid a confrontation with Simon and de-escalate things.

“Papa, I don’t want a problem, papa,” Alba can be heard telling Simon, who appears to be the aggressor as he walks into the space behind the counter and growls, "What's wrong with you?"

Initially obtained security video shows Simon shoving Alba into shelves and apparently grabbing Alba by the neck and attempting to walk Alba out of the space behind the counter — which is when video shows Alba grabbing a knife and stabbing Simon.

Content warning: Graphic video:

'Gonna come down here right now and f*** you up!'

According to the Post's story — which contains a longer version of the new video — a woman is heard yelling off camera, “You can’t touch my daughter. Don’t snatch that out of my daughter, you f***ing piece of s**t!”

The woman adds, “I’m gonna bring my [racial slur] down here, and he gonna f*** you up. My [racial slur] is gonna come down here right now and f*** you up!” the Post reported.

Alba replies, “That’s not my fault; it’s not working," presumably in reference to the woman's benefits card.

The new video also shows the stabbing from a different angle as well as police handcuffing Alba:

Image source: Daily Mail video screenshot

Image source: Daily Mail video screenshot

Alba was charged with second-degree murder the day after the deadly confrontation and sent to the notorious Rikers Island prison on $250,000 bail. Alba was released Thursday after prosecutors agreed to lower his bail to $50,000. The case is scheduled to go before a grand jury July 20.

Francisco Marte, founder of the Bodega and Small Business Group, told the Post that 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 added to the paper.

A separate Post story reported that Simon was on parole at the time of last week's deadly incident for assaulting a cop. State corrections records show Simon served prison time on a second-degree assault conviction for attacking the officer before he was paroled last year, the Post added.

In addition, the paper — citing sources and records — said Simon was busted at least eight times on charges ranging from assault and robbery to assault during a domestic dispute.

Anything else?

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

Police sources said Alba was stabbed during the assault but that Simon's girlfriend denied to police that she stabbed Alba, the Post said in a separate story. Alba's lawyer said during his arraignment that Simon’s girlfriend stabbed Alba three times in the shoulder and hand, the Post added.

Content warning: Graphic video:

NYC deli worker Jose Alba released from Rikers Island after being charged with murdering ex-con who attacked him in store



Jose Alba — the New York City deli worker charged with murdering an ex-con who physically attacked him last week in what many are calling a clear case of self-defense — was released Thursday from notorious Rikers Island prison on reduced bail.

What are the details?

After first setting Alba's bail at $250,000, prosecutors said they negotiated a new bail package with Alba’s lawyer and asked Judge Jonathan Svetkey to reduce it to $50,000, the New York Post reported.

The paper said prosecutors claimed Alba was a flight risk because of a planned trip to the Dominican Republic next week.

While out on bail, Alba must wear an ankle bracelet, must surrender his passport, and can't leave New York City, the Post reported, adding that Assistant District Attorney Jennifer Sigall said the bail terms “will ensure the fact that the defendant will not go to the DR as he planned to.”

Alba — a native of the Dominican Republic — came to America about 30 years ago and became a citizen 14 years ago, the Post added.

“He has every intention to return to court and defend this case,” Alba’s attorney, Danielle Jackson of Neighborhood Defender Service of Harlem, said in Manhattan Criminal Court, according to the paper.

Prosecutors will present the case to a grand jury on July 20, the Post said.

What's the background?

A woman tried to use a benefits card to buy potato chips for her 10-year-old daughter around 11 p.m. Friday at the Bluemoon Convenient Store in Harlem on Broadway near West 139th Street, the New York Daily News reported.

The transaction was declined, the Daily News said, citing the criminal complaint.

Amid an argument, prosecutors said Alba reached over the counter, grabbed the girl’s hand, and yanked the chips away, the Daily News reported.

Alba's boss — deli owner Maad Ahmad — told the Daily News the mom became enraged: “The lady threw everything from the counter and the [benefits card reader] machine, too. She said, ‘I’m going to get my man, and he’s going to get you.’”

The mother then came back inside the deli with Austin Simon, who got behind the store's counter to confront Alba, the Daily News said.

Security video shows Simon shoving Alba into product shelves, after which Alba — sporting a baseball cap, glasses, and a white mustache and beard — appears to slide down the shelves into a seated position.

Image source: TeaTenders video screenshot

The Daily News said Simon actually shoved Alba hard into a chair that hit the merchandise shelves.

“Jose said ... ‘I don’t want any problems,’” deli owner Ahmad recounted to the Daily News.

Simon then grabs Alba by the neck, pulls him up, and begins to walk him out of the area behind the counter.

Image source: TeaTenders video screenshot

With that, Alba grabs a knife that the paper said was stashed behind the counter and starts fighting back.

“He wanted me to come apologize to the girl,” Alba told a New York City police detective, according to the Daily News. “I took the knife we use to open boxes, and I stabbed him.”

Image source: TeaTenders video screenshot

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

Video shows Alba checking out what appears to be stab wound on his bloody left arm.

Image source: TeaTenders video screenshot

Here's security video of the fight. Content warning: Graphic video.

EMS crews took Simon to Harlem Hospital, where he was pronounced dead, WNBC-TV reported.

Alba was arraigned Saturday on a second-degree murder charge, the Daily News said. He also was charged with criminal possession of a weapon, police told WNBC.

'Jose Alba should be getting a Congressional Medal of Honor'

The Post reported that Guardian Angels founder and former mayoral candidate Curtis Sliwa said Thursday outside the courtroom that "Jose Alba should be getting a Congressional Medal of Honor. Instead, he’s locked up on Rikers and this is all [Manhattan District Attorney] Alvin Bragg. He turns loose real criminals, and he incarcerates victims who fight back. What kind of a message is this?”

Mark Bederow, a former Manhattan prosecutor, added to the Post: “I don’t think a grand jury would indict [Alba] for murder in the second degree, and I don’t think a jury would convict him beyond a reasonable doubt given what the justification statute states,” which refers to self-defense arguments.

'Murdered in cold blood'

The Post said Simon’s family exited Thursday's hearing in tears, with his sister saying Simon “was murdered in cold blood.”

“If the shoe was on the other foot, my brother wouldn’t have gotten bail or bond or nothing,” she added, according to the paper.

Tina Lee, who said she has three children with Simon, called him “a good man” and a “good father” who took “good care” of all his children, the Post noted.

A separate Post story reported that Simon was on parole at the time of last week's deadly incident for assaulting a cop. State corrections records show Simon served prison time on a second-degree assault conviction for attacking the officer before he was paroled last year, the Post added.

In addition, the paper — citing sources and records — said Simon was busted at least eight times on charges ranging from assault, robbery, and assault during a domestic dispute.