Murder Charge Dropped in NYC Bodega Clerk 'Self-Defense' Stabbing Case
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A judge on Tuesday dismissed the murder charge against a 61-year-old Manhattan bodega clerk accused of killing a man who first attacked him, ending a brief case that sparked outcry in New York City and across the country. Tuesday's hearing for Jose Alba proceeded quickly and with little fanfare. He had not been expected to attend. It was called after the Manhattan district attorney's office filed a motion to dismiss the second-degree murder charge against Alba in Austin Simon's July 1 stabbing death at the Blue Moon Convenience Store on Broadway, near 139th Street.
The assistant district attorney said the office couldn't prove behind a reasonable doubt that Alba's use of deadly force was unjustified and thus would not present the case to a grand jury. It came after loudening cries to drop the case.
Much of the outcry stemmed from surveillance video that shows the 35-year-old Simon storm behind the counter and attack Alba. A fight breaks out moments later and Alba grabs a knife. He stabs Simon three times -- in the heart, lung and jugular vein, according to the prosecutors' motion. Simon was pronounced dead at a hospital a short time later.
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Alba's case stoked outrage locally and nationally after shocking surveillance video of what unfolded inside the Washington Heights convenience story raised questions about whether it was truly a case of murder or self-defense.
You may have seen the viral video of this self defense encounter circulating in the last couple of weeks. It's pretty graphic but the victim (store clerk) was behind the counter and got into a dispute with a customer over a malfunctioning payment method. That customer went home, got her boyfriend, and returned to confront the store clerk. The boyfriend, armed with only his hands, came behind the counter and physically assaulted the store clerk. The clerk withdrew a knife from behind the counter and stabbed the assailant three times, causing his death. It has been reported that the customer who initially instigated this encounter stabbed the store clerk in the arm while he was scuffling with her boyfriend.
The store clerk was arrested for second degree murder.
After considerable public outcry, including from the mayor of NYC, Eric Adams, the Manhattan DA has announced that charges have been dropped against the victim in this case.
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