The murder charges against New York bodega worker Jose Alba have officially been dropped following a lengthy investigation, which proved the “defendant was not justified in his use of deadly physical force.” According to Fox News, Jennifer Sigall, the assistant district attorney under Manhattan District Attorney Alvin Bragg issued a motion to dismiss the second-degree murder charge handed to Jose on Tuesday, after he fatally stabbed ex-con Austin Simon in self-defense at his bodega store in Hamilton Heights Grocery on July 1.
“One potential defense is that Alba reasonably believed that Austin was about to use deadly physical force,” the memo read. “The law provides that a person may use deadly physical force to defend oneself if the person reasonably believes that another person is using or about to use deadly physical force.”
If Alvin Bragg moves forward with prosecuting Jose Alba, I will commute Alba’s sentence at my very first opportunity.
Kathy Hochul says that none of this is any of her business. She couldn’t be more wrong.
I stand with Jose Alba!
— Lee Zeldin (@leezeldin) July 17, 2022
RELATED: Chris Rock Refuses To Address Will Smith Oscars Slap During Surprise New York Comedy Show
The DA’s office mentioned in their motion that the surveillance footage from inside the store showed Jose being ambushed by Austin in the moments before the helpless worker protected himself with a knife. The extended footage that had been reviewed also showed Austin’s girlfriend — who was also present at the scene — allegedly inflicting stabbing wounds on Jose, per the New York Post.
Charges have been dropped against Jose Alba. Fact is he should have never been charged in the first place.
— John Gilbertson (@trapperjohn37) July 19, 2022
Furthermore in the memo, they wrote, “… Simon’s conduct in entering the store’s small, private area, throwing Alba against the wall to a place he could not escape, and grabbing him by the collar could inspire deep fear in an older and shorter man as to what might be in store next,” the motion continued.
RELATED: Judge Finds Former President Donald Trump in Contempt in New York Legal Fight
“This was also in the context of the girlfriend saying five minutes earlier that her boyfriend was going to ‘come down here right now and f–k you up’.”