After weeks of mounting pressure, the Manhattan district attorney on Tuesday morning dropped all charges against a bodega employee who fatally stabbed an assailant.
Jose Alba, 61, killed Austin Simon, 35, after he went behind the counter at a convenience store in Harlem and pushed Mr. Alba after an argument with Mr. Simon’s girlfriend about paying for snacks the woman wanted to buy for 10- her annual period – old daughter. Police investigators said Mr Simon was not armed.
After District Attorney Alvin Bragg’s office charged Mr. Alba with second-degree murder, the city’s tabloids and Mayor Eric Adams came to Mr. Alba’s defense. Mr. Bragg and his office were criticized for initially asking for $500,000 bail. His supporters said Mr Alba was defending himself from a younger man who was the aggressor and should not face the charges.
In a motion to dismiss the case filed Tuesday morning, the district attorney’s office said “a case of murder against Alba cannot be proven at trial beyond a reasonable doubt” after further investigation. The case will not be presented to a grand jury.
Mr. Simon’s family spoke to the district attorney’s office Tuesday morning and criticized the decision.
“We’re all obviously disappointed and we can’t understand how it’s okay to take the life of an unarmed person,” said Mr. Simon’s cousin Candra Simon. “This decision sets a dangerous precedent.
Jonah E. Bromwich contributed reporting.
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