Legal professionals representing New York City referred to as on a federal decide to drop a lawsuit filed by ex-bodega clerk Jose Alba after homicide prices in opposition to him have been dropped.
Jose Alba, a former bodega employee, was attacked whereas working behind the counter on July 1, 2022, by 35-year-old Austin Simon in addition to his girlfriend, Tina Lee. Alba grabbed his knife and fatally stabbed Simon. Alba claimed self-defense, however homicide prices have been later filed in opposition to him.
Manhattan District Attorney Alvin Bragg’s workplace would later drop the costs after an outcry in public assist for Alba, which included Mayor Eric Adams.
Alba was jailed at Rikers Island for almost every week earlier than prosecutors lowered his $250,000 bail.
A screenshot of surveillance video included in court docket paperwork exhibiting Jose Alba confrontation. (NYC prison court docket )
He would go on to file a lawsuit in opposition to town, Bragg and NYPD Detective William Garcia.
Nonetheless, legal professionals for town claimed in a Friday court docket submitting that they’d motive to charge Alba based mostly on the obtainable proof, which incorporates testimony from Simon’s girlfriend, witness testimony, and surveillance video of the incident.
A nonetheless from surveillance video included in court docket paperwork confirmed Jose Alba tried to keep away from a confrontation. (NYC prison court docket )
“Here, based upon the undisputed evidence, it was entirely reasonable to believe that plaintiff unnecessarily escalated the confrontation between himself and Mr. Simon—even if it was Mr. Simon who initiated the confrontation,” metropolis legal professionals acknowledged.
Alba’s lawyer, Richard Cardinale, referred to as town lawyer’s submitting “outrageous” when talking with Fox Information Digital.
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NEW YORK, UNITED STATES – 2023/04/18: Manhattan District Legal professional Alvin Bragg. (Lev Radin/Pacific Press/LightRocket by way of Getty Photos)
“They make it seem like we characterized everything in their motion to dismiss as if Jose Alba was the bad guy,” Cardinale mentioned. “Part of the city’s motion to dismiss right now in the civil case is like, ‘oh, we also spoke to his girlfriend and she corroborated the video and she said this.'”
Fox Information’ Chris Pandolfo and Danielle Wallace contributed to this report
