Sunday, September 24

Murder charge dropped against NYC warehouse clerk who killed attacker

The Manhattan district attorney on Tuesday dropped a murder charge against a 61-year-old warehouse clerk who fatally stabbed a customer after the customer attacked him.

The announcement came after weeks of protest over the arrest of Jose Alba.

Alba killed Austin Simon, 35, the evening of July 1 after New York City police said Simon went behind the counter where Alba worked in Upper Manhattan and pushed him.

Video and camera footage shows Simon shoved Alba inside the Blue Moon Convenient Store after he argued with Simon’s girlfriend over paying for “a hand of snacks” for her 10-year-old daughter. According to police, Simon was unarmed.

The day after the killing, police arrested Alba and prosecutors charged him with second-degree murder.

Prosecutors “cannot prove beyond a reasonable doubt that the defendant was not justified in his use of deadly physical force,” a motion to dismiss filed Tuesday said. The case will not be presented to a grand jury, according to a one-page response, signed by Manhattan District Attorney Alvin Bragg.

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“The DA in my opinion made the right decision,” NYC Mayor Eric Adams said Tuesday, The New York Timesreported.

Earlier this month, Adams said “hard-working New Yorkers, and Americans to be honest with you, should not be attacked in their place of work. There is a line that must be drawn when you are a primary aggressor and that is what I saw on the video.”

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