NYC Bodega Worker Charged with Second Degree Murder for Defending Himself Against Violent Attacker
Edited by: TJVNews.com
As crime continues to spiral in New York City with no hope of relief in sight, the gritty dog days of summer have witnessed its share of injustices as a result.
The Post has now reported that a bodega clerk in Manhattan has ended up behind bars at the notorious Rikers Island jail for attempting to defend himself against an assault by a violent ex-con. Moreover, the bodega employee, Jose Alba, finds himself unable to post the $250,000 bail that is required for his release until further hearings are scheduled, the Post has reported. While being attacked by the ex-con, Alba had no choice but to grab a knife to ward off the violent assailant.
Alba has no record of criminal history and the exorbitant amount of bail was what the office of Manhattan DA Alvin Bragg asked the court to impose. The surveillance video of the attack on Alba that took place while he was on duty at the bodega shows him being assaulted by his “alleged victim” according to the Post story,
The Post reported that “Alba, 51, was charged with the fatal stabbing of Austin Simon, 35, who can be seen storming behind the counter at the Hamilton Heights Grocery on Broadway and West 139th Street to attack the store worker Friday night.”
Speaking to the New York Post, Alba’s daughter Yulissa said: “It was either him or the guy at the moment,” saying it was a clear cut matter of self-defense.
She also told the Post of her father: “He’s never hurt anybody. He’s never had an altercation where he had to defend himself. This is the first time for him.”
Law enforcement sources as well as local New York City police told the Post that the frightening incident occurred subsequent to an argument that Alba had with Simon’s girlfriend. Apparently, the girlfriend’s EBT debit card was declined when she tried to use it to buy chips for her 10-year-old daughter at the store, according to the Post report.
The 32 year old woman, whose EBT card was declined has claimed that Alba “grabbed the snack out of her daughter’s hand” according to the Post report. As retaliation for her alleged claim against Alba, she began to knock over items of the counter at the bodega and also went home to tell her boyfriend about what had occurred. The Post reported that when Simon learned of what Alba allegedly did to his girlfriend’s child, she stormed into the bodega and attacked Alba.
Alba’s defense attorney told the Post that during the melee that ensued, Simon’s other half allegedly stabbed Alba in the shoulder with a knife that was in her purse, according to the Post report. Additionally, no charges have been filed against Simon’s girlfriend.
Bragg’s office charged Alba with second degree murder, which clearly sends a strong signal to others who would even entertain the notion of defending themselves against violent assault to think again, lest they receive the same treatment as Alba.
Originally hailing from the Dominican Republic. Alba is the father of three children, who arrived in the United States 14 years ago and obtained US citizenship, according to the Post report.
At Alba’s arraignment on Saturday, his attorney Michelle Villasenor-Grant said “It would not be that surprising that someone thinks that harm is going to come to them or that they are going to be robbed, particularly if the woman that you just got into a verbal argument with is also with this person, and ended up taking her own knife out of a purse and stabbing my client.”
The Post reported that Alba could spend 15 to 25 years in jail if convicted on the second-degree murder charge while Simon’s girlfriend has gone free.
