Bodega proprietor Jose Alba filed a lawsuit in opposition to Manhattan District Legal professional Alvin Bragg and the NYPD for racial discrimination.
In July 2022, Alvin Bragg charged 52-year-old Jose Alba with homicide when he clearly acted in self-defense.
Jose Alba was thrown into Rikers Island jail for almost per week after he stabbed his attacker a number of instances in self-defense.
Jennifer Sigall, the Assistant DA underneath Alvin Bragg mentioned the prosecutor’s workplace might “not show past an affordable doubt that the defendant was not justified in his use of lethal bodily drive.”
The homicide cost was in the end dropped and now Alba is suing Bragg for racial discrimination.
Alba is looking for unspecified punitive damages.
The New York Put up reported:
A former bodega clerk who was infamously charged with homicide after fatally stabbing an attacker in his retailer final yr in what he claimed was self-defense is suing lefty Manhattan District Legal professional Alvin and the New York Metropolis Police Division for racial discrimination.
Former clerk Jose Alba, who stabbed ex-con Austin Simon to dying throughout a struggle on the Blue Moon bodega in Harlem in July 2022, claims he was hit with second-degree homicide costs and endured days underneath lockup on Rikers Island due to Bragg’s pursuit of “racial fairness” within the Manhattan felony justice system, in line with the Manhattan Federal Courtroom swimsuit filed Friday.
“Whereas in concept, Bragg’s ‘racial fairness’ insurance policies are a well-intentioned try by him to implement even-handed justice, the means and strategies employed by Bragg have as a substitute had an reverse impact and resulted in discrimination in opposition to sure defendants primarily based on race,” states the swimsuit, which additionally names NYPD Detective William Garcia together with unnamed arresting officers and police detectives.
Right here’s the backstory:
Alba fatally stabbed Austin Simon, 35, a profession felony who violently attacked him behind the counter a pair weeks in the past.
In line with reviews, Austin Simon’s girlfriend obtained into an argument with Alba after her EBT card was declined when she tried to buy a bag of chips.
The disgruntled girl then left the bodega, ran dwelling and returned together with her boyfriend – and that’s when the confrontation escalated.
In line with Alba’s protection lawyer, the 32-year-old girl took a knife out of her purse and stabbed the bodega employee within the shoulder, the New York Put up reported.
She just isn’t going through costs for stabbing Jose Alba – However Jose Alba was charged with second-degree homicide for fatally stabbing Austin Simon – AFTER the assailants stabbed him and violently attacked him.
NYC Bodega employee (Jose Alba) is attacked by an irate buyer (Austin Simon). He kills him in self protection and is now being charged with homicide and held on $250K bail he cannot afford. pic.twitter.com/OYjI8S4Ye5
— Stefanie Kammerman/The Inventory Whisperer (@VolumePrintcess) July 7, 2022