NYC attorneys insist bodega clerk who fatally stabbed buyer in self-defense went overboard

NYC attorneys insist bodega clerk who fatally stabbed buyer in self-defense went overboard

Metropolis attorneys insist the Harlem bodega clerk who fatally stabbed a violent buyer went overboard through the life-and-death battle – contradicting Mayor Adams’ declaration that he was merely defending himself.

Jose Alba, 61, made worldwide headlines in July 2022 when he was attacked by Austin Simon in a dispute over chips.

Throughout the battle, Alba grabbed a knife and fatally stabbed Simon, 35.

Jose Alba was attacked by Austin Simon in a dispute over chips.
Metropolis attorneys insist in federal courtroom papers Jose Alba went overboard throughout his life-and-death battle with an outraged buyer and that his arrest was cheap Paul Martinka

He was arrested and locked up on Rikers on a second-degree homicide cost, which was dropped following an outpouring of help throughout the town.  

In September, Alba filed a wrongful arrest go well with towards the town in search of unspecified damages.

He has argued in courtroom papers there was zero cause to arrest and prosecute him over Simon’s demise as a result of he was performing in self-defense.

“Contemplating the occasions that led to plaintiff stabbing Mr. Simon, that’s an excessive place,” the town’s attorneys wrote in Manhattan federal courtroom papers filed this month to get the case tossed. “Mr. Simon pushed [Alba] as soon as and grabbed him by the collar to escort him outdoors for the expressed objective of getting him apologize to” his girlfriend, they continued.

“Whereas the District Lawyer’s Workplace discovered it could be troublesome to disprove justification past an affordable doubt, it was not unreasonable to arrest plaintiff within the first place.” 

Days after Alba’s arrest, Adams stated the clerk shouldn’t be behind bars.

“My coronary heart goes out to the worker who was within the retailer doing his job,” Adams stated. “I’m hoping that we take all of that into consideration, as this hard-working New Yorker was doing his job, and somebody aggressively went behind the counter to assault him.”

Alba’s lawyer, Richard Cardinale, ripped the town’s argument for tossing the go well with as a transparent instance that “the fitting hand doesn’t know what the left hand is doing.” 

Mayor Eric Adams stated after Alba’s arrest that the bodega clerk was simply doing his job when he was attacked and defended himself. Alec Tabak

“After my consumer Jose Alba was arrested, Mayor Adams reported to the information media that this was somebody performing in self protection and shouldn’t be charged with homicide,” he instructed The Put up. 

“Now that the town and District Lawyer [Alvin] Bragg are being sued … his personal company counsel is arguing to a federal courtroom that Alba’s case needs to be dismissed as a result of he was the aggressor.”

Nicholas Paolucci, a Legislation Division spokesman, stated it was cheap for NYPD officers to arrest Alba based mostly on the 911 calls a couple of stabbing and what they noticed on the scene.

“The DA’s final determination to train discretion in whether or not to prosecute Mr. Alba doesn’t bear on whether or not it was cheap to arrest and prosecute him within the first place,” he added.

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