Jose Alba stabbing case: Calls to drop murder charges grow as new video shows NYC bodega worker being attacked by victim’s girlfriend

On July 1, a struggle between Manhattan bodega worker Jose Alba and ex-convict Austin Simon left Alba injured and Simon dead.

In recently released footage of the incident, 61-year-old Alba can be seen struggling with Simon, who pushed the former against a wall. In a bid to defend himself, Alba then stabbed Simon, leading to his death. Simon's girlfriend, who remains unidentified, can be seen joining the struggle and stabbing Alba as well.

However, police sources stated that the woman's actions are being seen as an attempt to defend her beau, which is why she is not being charged despite her involvement.

Meanwhile, Jose Alba was charged with second-degree murder in the death of Austin Simon. He is being held on a bail of $5000, a figure that was brought down from an initial $2500000. He is currently being heavily monitored while under house arrest.

Alba's defence team claimed that since the Bodega worker had been stabbed in the fight, he had no choice but to kill Simon in self defense.

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People support Jose Alba in stabbing case, call for unidentified girlfriend's arrest

In the trial following the stabbing, Austin Simon's girlfriend was not charged for her role in the altercation, despite the fact that surveillance allegedly showed her stabbing Alba with her own blade.

According to police sources, prosecutors reported that the 32-year-old unidentified woman is not being charged as she was attempting to defend her boyfriend.

An officer said:

“The DA’s office looked at the tape, and they felt she was defending her boyfriend. They didn’t feel charges were necessary.”

Francisco Marte, a local business owner with the Bodega and Small Business Association Group, told NY Post reporters that it was unfair that the girlfriend was not facing any consequences:

"She participated in that. She’s supposed to be in jail and the $250,000 bail [Alba once faced] should be on her, not on him. He was just defending himself.”

Michael Discioarro, a defense lawyer and former Bronx prosecutor, also expressed his dissatisfaction with the fact that the girlfriend was not charged:

“I have no idea why she’s not charged. Her boyfriend was the aggressor. She does not get to protect the aggressor."

He continued:

“We’re getting a good look at how the system works for the average person. Imagine if there was no video. Jose Alba would never be released from Rikers, and [Simon’s girlfriend] would testify against him, likely perjuring herself."

According to the New York Post, the woman was a catalyst in beginning the altercation. Allegedly, she got into an argument with Jose Alba after her debit card was declined during checkout. She then reportedly returned home and called her boyfriend.

She is accused of compelling him to return to the Bodega for the fight.

Manhattan prosecutors have not yet commented on the incident, stating that they cannot discuss the matter while the case is pending.