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NYC attorneys say deli worker, 61, who fatally stabbed younger attacker in self-defense went overboard: Report

A New York City lawyer has argued that a 61-year-old deli worker who fatally stabbed his attacker in self-defense two years ago went too far. new york post.

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The video showed Austin Simon, 35, going behind the counter of a Harlem deli on July 1, 2022, and physically attacking Jose Alba, who worked there. Mr. Simon was angry that Mr. Alba had taken chips from the 10-year-old daughter of Mr. Simon’s girlfriend, and her daughter’s rewards card did not work in the transaction.

The video also shows Alba pleading with Simon “not to cause any trouble” before Simon forces her into a store shelf and grabs her by the neck. Simon then started walking Alba from the area behind the counter.

Alba said as she grabbed a knife.

“He wanted me to come apologize to the girl,” Alba told a New York City police detective, according to the report. new york daily news. “I took the knife I used to open the box and stabbed him.” The Daily News reported that Alba stabbed Simon at least five times in the neck and chest.

The newspaper cited the criminal complaint, adding that Simon’s girlfriend took a knife from her purse and stabbed Alba in the arm.

Manhattan District Attorney Alvin Bragg’s office faced intense criticism for indicting Alba on charges of second-degree murder and weapons possession, sending him to notorious Rikers Island and setting bail at $250,000. exposed. One of Alba’s defenders was Democratic New York Mayor Eric Adams, who called Alba “innocent.”

Soon after, Alba was released on a reduced bail of $50,000, claiming it was to protect herself from Simon. Mr. Bragg’s office quickly dropped all charges against Alba in the face of continued public pressure.

After Mr. Alba sued Mr. Bragg and the NYPD last fall for civil rights violations, New York City lawyers urged a federal judge to dismiss the lawsuit in December. Fox News reported. “Under the circumstances, there was probable cause to arrest and indict Mr. Alba,” a spokesperson for the city’s Department of Justice said at the time in a court filing from attorneys, according to Fox News.

According to the cable network, New York City lawyers previously said that Alba was “completely unable to believe that he unnecessarily escalated the conflict between himself and Mr. Simon, even though Mr. Simon was the one who initiated the conflict.” It’s reasonable,” he said.

So?

Alba argued that there was no reason to arrest or prosecute him, given that he acted in self-defense. But the Post reported that lawyers for the city said in a federal court filing in March that “that is an extreme position given the circumstances that led Plaintiff to stab Mr. Simon.”

“Mr. Simon pressed [Alba] According to the newspaper, the lawyers added, “He once grabbed him by the chest and dragged him outside with the express purpose of getting his girlfriend to apologize.” “Although the District Attorney’s Office found it difficult to disprove legitimacy beyond a reasonable doubt, it was not unreasonable to arrest Plaintiff in the first place.”

Here’s a Fox News report that aired after Alba filed her lawsuit:

Former bodega employee sues New York City over ‘racial equality policies’youtube.be

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