Calls are growing to drop a murder charge against a bodega worker who police say stabbed a man during a confrontation. News 4’s Ida Siegal reports.
New video from inside a New York City bodega shows the moment a worker was stabbed by the girlfriend of the man police said the clerk had just killed, for which he now faces a murder charge.
Pressure continues to mount on the Manhattan district attorney to drop the murder charge against Jose Alba, the Washington Heights bodega clerk accused of killing Austin Simon, who attacked him behind the counter.
Those pleas will likely only grow louder, as video released on Monday showed what immediately led up to the stabbing that left the 35-year-old Simon dead on July 1. Investigators said there was an argument when Simon's girlfriend had her card declined as she tried to purchase a bag of chips for her daughter, and Alba took the bag of chips back from the little girl.
That's when police said the girlfriend came back with Simon, who went behind the counter to corner and confront Alba. After getting shoved into a wall, the deli clerk grabbed a knife and stabbed Simon multiple times, video has shown.
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From a new angle of video, Simon's girlfriend can be seen grabbing Alba's arm, then taking a knife out from her purse and stabbing him in the upper arm, as Simon collapsed. New photos showed the injuries Alba suffered in the violent altercation.
The girlfriend has not yet been charged.
"Hopefully they're going to drop this case against Jose Alba, he doesn't deserve to be charged like that," said Francisco Marte of the Bodega and Small Business Association of New York.
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Those who support the 61-year-old Alba say that the surveillance video showing the shocking incident could help the worker be cleared of charges. Over the weekend, the United Bodegas of America made publicly urged Manhattan District Attorney Alvin Bragg drop all charges against the clerk.
"The Alba family does not have the money for a defense attorney, and it’s a waste of taxpayer dollars to pursue murder charges against a hard working man with no known criminal record. We are hopeful that DA Braggs will listen and understand UBA’s plea to drop all charges,” said Fernando Mateo, spokesperson for UBA.
The group representing bodegas across the five boroughs has already spoken with Bragg, but hope a face-to-face meeting on Tuesday will advance their progress in seeing Alba cleared of all charges.
A spokesperson for Bragg said that the district attorney's office welcomed the opportunity to discuss how "we can work together to promote safety."
“Since taking office, D.A. Bragg has met with numerous business owners, community leaders, and other stakeholders about public safety," Bragg's spokesperson, Doug Cohen, said in a statement. "Today’s conversation centered on how to keep bodega owners and workers safe, including in a post-Bruen world when more people may legally obtain and carry firearms. D.A. Bragg expressed support for New York’s strong gun laws, and emphasized that more guns in our communities make us less safe. We welcomed the opportunity to discuss how we can work together to promote safety on our streets and in our workplaces, and look forward to continuing these conversations.”
Alba was released Thursday after spending almost a week at Riker's Island. His bail was lowered from a quarter of a million dollars down to $50,000. As part of his release, Alba was forced to surrender his passport, remain in the five boroughs and submit to electronic monitoring.
Alba is facing murder charges after the deadly stabbing inside Blue Moon Convenience Store on Broadway, near 139th Street. There is growing outrage regarding his arrest, with many left wondering: Was it murder or self-defense?
EMS crews transported Simon to Harlem Hospital where he was pronounced dead.
NYC Mayor Eric Adams, previously said that it appeared Alba was acting in self-defense, saying "it's time for New Yorkers and Americans to start standing up for people following the law. And that's what I'm going to do."
Adams' words drew praise at the UBA press conference Sunday, where Mateo thanked the mayor for "standing with us." Marte said that many bodegas and small businesses are on edge and working scared at times.
"Sometimes we're afraid, because we don't know if they have a gun," he said.
The case has garnered international headlines. Those who knew the store employee said they believe that Alba was simply defending himself.
"To me, I know him personally, he lives in my building. He's the kindest man I ever met, if he says it's self-defense, it is, to me," said Chris Sanchez, who said he's known Alba most of his life. "I would've done the same thing."
In a statement, the Neighborhood Defender Service — which is defending Alba — said that they "continue to investigate this case and gather evidence in Mr. Alba's defense. The video in this case speaks for itself: Mr. Alba was simply doing his job when he was aggressively cornered by a much younger and bigger man."
The next court date is scheduled for July 20.
