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Attorneys representing New York Metropolis referred to as on a federal decide to drop a lawsuit filed by ex-bodega clerk Jose Alba after homicide fees in opposition to him had been dropped.
Jose Alba, a former bodega employee, was attacked whereas working behind the counter on July 1, 2022, by 35-year-old Austin Simon in addition to his girlfriend, Tina Lee. Alba grabbed his knife and fatally stabbed Simon. Alba claimed self-defense, however homicide fees had been later filed in opposition to him.
Manhattan District Lawyer Alvin Bragg’s workplace would later drop the fees after an outcry in public help for Alba, which included Mayor Eric Adams.
Alba was jailed at Rikers Island for practically every week earlier than prosecutors lowered his $250,000 bail.
BODEGA CLERK JOSE ALBA LEAVES NYC ‘AFRAID FOR HIS LIFE,’ MULLS MOVE BACK TO DOMINICAN REPUBLIC: REPORT
A screenshot of surveillance video included in courtroom paperwork displaying Jose Alba confrontation. (NYC prison courtroom )
He would go on to file a lawsuit in opposition to town, Bragg and NYPD Detective William Garcia.
Nevertheless, attorneys for town claimed in a Friday courtroom submitting that that they had purpose to cost Alba primarily based on the accessible proof, which incorporates testimony from Simon’s girlfriend, witness testimony, and surveillance video of the incident.
EX-BODEGA CLERK JOSE ALBA SUES NYC DA ALVIN BRAGG FOR RACIAL DISCRIMINATION AFTER MURDER CHARGES DROPPED
A nonetheless from surveillance video included in courtroom paperwork confirmed Jose Alba tried to keep away from a confrontation. (NYC prison courtroom )
“Right here, primarily based upon the undisputed proof, it was totally cheap to imagine that plaintiff unnecessarily escalated the confrontation between himself and Mr. Simon—even when it was Mr. Simon who initiated the confrontation,” metropolis attorneys acknowledged.
Alba’s lawyer, Richard Cardinale, referred to as town lawyer’s submitting “outrageous” when talking with Fox Information Digital.
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NEW YORK, UNITED STATES – 2023/04/18: Manhattan District Lawyer Alvin Bragg. (Lev Radin/Pacific Press/LightRocket through Getty Pictures)
“They make it look like we characterised every thing of their movement to dismiss as if Jose Alba was the dangerous man,” Cardinale stated. “A part of town’s movement to dismiss proper now within the civil case is like, ‘oh, we additionally spoke to his girlfriend and she or he corroborated the video and she or he stated this.'”
Fox Information’ Chris Pandolfo and Danielle Wallace contributed to this report
Adam Sabes is a author for Fox Information Digital. Story ideas could be despatched to [email protected] and on Twitter @asabes10.
New York Metropolis requires dismissal of lawsuit filed by ex-bodega clerk Jose Alba after homicide fees dropped
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