Harlem Worker’s Lawsuit Alleges False Arrest in Fatal Bodega Stabbing
A Harlem bodega worker has filed a lawsuit against the city and Manhattan District Attorney Alvin Bragg, claiming false arrest and wrongful prosecution. The lawsuit stems from a fatal stabbing incident that occurred last year, in which the worker asserts that he acted in self-defense.
According to court papers filed in Manhattan Federal Court, the worker, Jose Alba, maintains that he used lawful self-defense when he plunged a knife into Austin Simon, an intruder who charged into the Blue Moon bodega in Harlem on July 1, 2022. Video footage depicts Simon aggressively confronting Alba over a bag of potato chips, eventually shoving the clerk into a chair. Despite evidence suggesting that Simon and his girlfriend were the initial aggressors, it was Alba who was arrested, incarcerated, and ultimately prosecuted for murder.
The 40-page document filed by Alba’s attorney, Richard Cardinale, argues that the decision to charge the Hispanic man for the death of the Black man was influenced by District Attorney Bragg’s aim to achieve racial equity in the Manhattan criminal justice system.
Alba is seeking unspecified compensatory and punitive damages for the physical injuries he sustained, as well as the emotional distress, fear, and anxiety resulting from his arrest, prosecution, and five-day incarceration. Moreover, he remains unemployed since his arrest and expresses concerns about potential retaliation from Simon’s friends or gang members.
The Manhattan District Attorney’s office has yet to respond to the lawsuit, while a Law Department spokesman stated that the city will review the case and respond accordingly.
The incident unfolded when Alba took a bag of potato chips from Simon’s girlfriend’s 10-year-old daughter after the mother was unable to pay. Upon their return, Simon became confrontational, verbally abusing Alba and grabbing him by the shirt. He demanded an apology from the clerk before Alba grabbed a knife and stabbed Simon six times during the intense altercation, which was captured on video. Simon’s girlfriend also stabbed Alba during the chaotic exchange, leading to the bodega worker’s arrest on homicide charges.
Following his arrest, public outcry ensued, with various individuals, including Mayor Adams, coming to Alba’s defense. Being a 35-year resident of the city who immigrated from the Dominican Republic, the 62-year-old Alba returned to his homeland once released from Rikers Island.
The court documents additionally reference the Manhattan District Attorney’s charges against Daniel Penny, a former Marine accused of applying a deadly chokehold on a homeless Black man in a subway train. The documents allege that Bragg’s office assigned a large prosecution team to the case due to its racial element, despite numerous witnesses on the train corroborating Penny’s account of the incident.
As the lawsuit progresses, it remains to be seen how the city and District Attorney Bragg will respond to the allegations. The outcome of this case could have significant implications for the pursuit of justice and the preservation of self-defense rights in the criminal justice system.
