Comment The case of a New York bodega employee charged with murder after fatally stabbing a man who confronted him at work — in an argument caught on video — has sparked a heated debate about the crime and what constitutes self-defense. Jose Alba, 61, was charged with second-degree murder after he fatally stabbed Austin Simon, 35, at the Blue Moon bodega, where Alba works, on the evening of July 1. arguing with a woman later identified as Simon’s girlfriend, before Simon walked in, stepped behind the counter towards Alba and shoved him. As the two men fought, Alba grabbed a knife and stabbed Simon repeatedly. United Bodegas of America, a trade group representing bodega owners in the United States, publicly defended Alba and used his case to advocate for New York to pass a “stand your ground” law. The group’s co-founder, Fernando Mateo, who ran unsuccessfully for mayor of New York as a Republican last year, also suggested bodega owners be armed. The case has taken on increased importance after the Supreme Court’s decision last month to strike down a New York law requiring a special need to carry a gun.
What happened to the New York bodega attack? What we know about the incident comes from surveillance footage and edited video from inside the bodega released by local media, as well as the criminal complaint filed against Alba. According to the complaint, Simon’s girlfriend — whom police have not identified — was inside the Blue Moon Convenient Store in Hamilton Heights around 11 p.m. on July 1 when he tried to pay for a bag of chips for her 10-year-old daughter with a rejected electronic benefits card; She told police that Alba reached over the counter and took the chips out of her daughter’s hand. Footage shows her and Alba arguing before she is heard shouting threats to bring her boyfriend and make him hurt Alba. Simon then entered the bodega, went behind the counter to face Alba and “tried to direct [him] out.” Simon did not appear to have a weapon: According to the complaint, he was “carrying a small white towel in his left hand and his right hand was empty.” Alba later told police that Simon “wanted me to come and apologize to the girl.” A video shows Simon pushing Alba against a wall inside the bodega. As the two argued, Alba grabbed a knife and stabbed Simon in the neck and chest at least five times, according to the complaint. “Simon fell to the ground, face down and bleeding,” it said. “I took the knife we use to open boxes and stabbed him,” Alba told police. Police, who reviewed security footage from the scene, said in the complaint that Simon’s girlfriend tried to pull Alba off Simon and “held the defendant’s right arm, but the defendant continued to stab [him].” She then pulled a knife from her purse and stabbed Alba in the arm, the complaint says. Simon was pronounced dead around 11:50 p.m. two miles away at Harlem Hospital. The police arrested Alba.
What was the bodega worker charged? Manhattan District Attorney Alvin Bragg (D) charged Alba with second-degree murder, a felony, and bail was initially set at half a million dollars. Bail was later reduced to $50,000, following discussions between Alba’s attorneys and the DA’s office. Alba also had to surrender his passport and agree not to leave New York, along with electronic monitoring. Court records show bond was posted and Alba was released from Rikers Island on July 7. Alba has received support online from New Yorkers who say the charges against him should be dropped entirely because he was defending himself. A GoFundMe page to raise money for Alba’s legal fees was taken down for violating GoFundMe’s rules against “raising funds for the legal defense of a violent crime,” the company told the New York Post in a statement. Another appeal for help, created by Alba’s son on GiveSendGo, a Christian fundraising website, brought in more than $100,000. Alba’s son did not respond to a request for comment from The Washington Post. Doug Cohen, a spokesman for Bragg, told The Post via email: “We are continuing to review the evidence and the investigation is ongoing.” The Harlem Neighborhood Advocate Service, the legal group defending Alba, did not respond to requests for comment from The Post.
What does New York law say about self-defense? To prove self-defense outside the home under New York law, a person must—generally speaking—prove that he used physical force “to avoid an imminent public or private injury,” in a situation not his own. of, “which is of such gravity that, according to ordinary standards of intelligence and morality, the benefit of avoiding this injury outweighs the benefit of avoiding the use of physical violence in the first place. New York law also imposes a “duty to yield.” This means that if someone believes they are in danger of imminent harm outside their home, they must first try to escape that situation — by, for example, leaving the scene — before responding. This is different from other states’ “stand your ground” laws. United Bodegas of America’s call for New York to pass a “stand your ground” law proved especially divisive in light of New York State Rifle & Pistol Assoc. v. Bruenthe case in which the Supreme Court ruled that law-abiding Americans have the right to carry a gun outside the home for self-defense. Supreme Court finds New York law violates right to carry guns outside home Bragg, who is New York’s first black district attorney, was elected on a promise to reform the way justice is administered in the city — part of a wave of liberal prosecutors who pledged to get more people out of prison (and put fewer in them) and to focus on other ways to stop crime, including mental health counseling. But for Bragg, those policies proved controversial from the start: After releasing guidelines showing how his office would reduce incarceration rates, he had to repeal a rule that could have made certain types of gun crimes misdemeanors. He clarified that “default in weapons cases is a felony.” New York’s attorney general toughens prosecution policy that sparked outrage Bragg met with United Bodegas of America and other groups on Tuesday to discuss Alba’s case. Cohen, his spokesman, said the meeting “focused on how to keep bodega owners and workers safe, including in a post-Bruen world where more people can legally own and carry firearms.” “DA Bragg voiced his support for New York’s strong gun laws and emphasized that more guns in our communities make us less safe,” Cohen said to be continued. The case has highlighted the contestation of the crime debate in New York and the tightrope district attorneys must walk ahead of a November general election that is set to be dominated in part by the issue. New Manhattan DA Wants to End Prosecution of Certain Felonies, Make Jail ‘Last Resort’
What did New York City Mayor Eric Adams say about the case? Adams (D), a former police chief who was elected last year after promising a tougher approach to reducing crime, has voiced his support for Alba. In an interview with WABC Radio on July 8, Adams said that “hard working New Yorkers and Americans to be honest with you, should not be attacked in their workplace.” “There’s a line we have to draw when you’re the primary attacker, and that’s what I saw in the video,” he added. “It doesn’t mean that taking a life shouldn’t be taken seriously and shouldn’t be interpreted that way,” the mayor continued. “But I also know that too many people fall victim to the criminal actions of those who are repeat offenders. And a hard-working man like this bodega employee was attacked, and we have to take that into account when we make these decisions.” On Tuesday, Adams was asked about a new video, published by the New York Post, that appeared to show Simon’s girlfriend stabbing Alba after the bodega owner stabbed Simon. Adams said he had not seen the video, but added that “anyone who commits an attack of any nature should be held accountable for it.” “So if it is found in this video that he broke the law, I think the law should be enforced,” he said. “But the district attorney makes the final decision.” Robert Barnes and Ann E. Marimow contributed to this report.
