Jose Alba is a bodega worker who was at the cashier’s desk of a New York City bodega (a small grocery store that typically sells the sort of food you’d find in a gas station convenience store) when he was viciously attacked by a man who circled around the back of the cashier’s desk.
The security camera footage made it look clear cut: Alba, when he stabbed the attacker to death, was clearly acting in self-defense. The man had attacked him from behind, instigating the violence and clearly putting Alba in fear of his life, leaving him with no room to retreat because he was cornered behind the cashier’s desk.
Well, in any red state it would have been treated as a clear case of self-defense because that’s what it was. But, unfortunately for Alba, it took place in New York City, where the government goes soft on criminals but casts a wary eye at those law-abiding citizens that want to defend themselves from the predations of thugs.
And so the DA’s office brought second-degree murder charges against Alba for what was obviously a case of self-defense, trying to lock him up despite not locking up the criminals that prowl the streets of the formerly great city!
Well, fortunately, the case was clear cut enough and the public outcry against the murder charges loud enough that DA Bragg’s office dropped the murder charge, as his office told Fox News, saying:
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“Following an investigation, the People have determined that we cannot prove beyond a reasonable doubt that the defendant was not justified in his use of deadly physical force. As such, the People will not be presenting the case to a Grand Jury and for the reasons provided in the attached memorandum, hereby move to dismiss the complaint.”
The judge, according to Fox News, dropped the charge too following the DA’s office backtracking.
Apparently, the original confrontation stemmed from an argument over what could be bought with an EBT card: Alba, acting like a reasonable, profit-minded worker, pulled a snack out of the hands of the 10-year-old daughter of Simon’s girlfriend when the EBT card malfunctioned and couldn’t be used to buy the snack.
Simon is the thug that started the confrontation, getting behind the counter and attacking Alba shortly after that incident, as Fox News reports, saying:
Minutes later, Simon came to the store, entered the small, employees-only area behind the counter, shoved Alba against a wall of shelving, and grabbed him by the collar to lift him out of a chair and force him out of the employees-only area, prosecutors said. He said he wanted Alba to apologize to the girl and to come outside to fight him.
As Simon was pushing Alba, an elderly man, outside to “fight” him, Alba grabbed a knife and stabbing Simon, something that resulted in Simon’s death.
So Simon attacked Alba, putting him in reasonable fear, particularly given that Alba is 61 years old and five-feet-seven-inches tall, while Simon is (or was before his death) 35 years old and six feet fall. Should have been a clear case of self-defense.
Oh, and Simon was out on parole for assaulting a police officer at the time of his attacking Alba, so he has a record of acting violently.