A New York City bodega worker who was wrongfully accused of murder after defending himself during an attack is suing District Attorney Alvin Bragg (D).
The initial incident happened on July 1, 2022, when Jose Alba, who is in his 60s, was targeted by Austin Simon and his girlfriend, Tina Lee, Fox News reported Saturday.
Video footage shows the altercation that erupted as Alba sat behind the store’s counter when Simon fought with him:
Alba defended himself by grabbing a knife and stabbing Simon, who died as a result, according to Breitbart News.
The outlet said, “Simon came into a New York City bodega on July 1, 2022, and allegedly went behind the counter after his girlfriend couldn’t make a purchase because her benefits card was declined.”
Per the Fox report, Alba filed a lawsuit in which he alleged he was “wrongfully prosecuted because of the Manhattan district attorney’s ‘racial equity’ policies.”
The document names Bragg, New York City Police Department (NYPD) Detective William Garcia, and other officers involved as defendants.
The complaint reads:
Despite the fact that Simon and Lee were the initial aggressors, it was Plaintiff who was arrested, incarcerated, and wrongfully prosecuted. While in theory, Bragg’s ‘racial equity’ policies are a well-intentioned attempt by him to implement even-handed justice, the means and methods employed by Bragg have instead had an opposite effect and resulted in discrimination against certain defendants based on race.
Alba is seeking justice as well as compensatory and punitive damages against the city, per his attorney.
In late July 2022, George Soros-funded Bragg dropped the charges against Alba, according to Breitbart News.
“Bragg arrested and charged Alba with second-degree murder, originally setting his bail at $250,000,” the outlet said, adding that video footage later showed the victim was acting in self-defense.
In April, Alba told the House Judiciary Committee about his experience being jailed at Rikers Island.
He said, “When I came before the judge the prosecutor said I was being charged [for] murder in the second degree. They asked for bail, even though so many people are being let go these days. And I couldn’t afford it.”
Alba also explained that he was injured from the attack when he got to the jail “but did not get the medical treatment [he] should have received.”
The case is Jose Alba vs. The City of New York, No. 1:23-cv-08619 in the U.S. District Court for the Southern District of New York.
