'%20x='0'%20y='0'%20height='100%25'%20width='100%25'%20%0A%20%20%20%20%20%20%20%20%20%20xlink%3Ahref='data:image/jpg;base64,/9j/2wBDAAYEBQYFBAYGBQYHBwYIChAKCgkJChQODwwQFxQYGBcUFhYaHSUfGhsjHBYWICwgIyYnKSopGR8tMC0oMCUoKSj/2wBDAQcHBwoIChMKChMoGhYaKCgoKCgoKCgoKCgoKCgoKCgoKCgoKCgoKCgoKCgoKCgoKCgoKCgoKCgoKCgoKCgoKCj/wgARCAAGAAoDASIAAhEBAxEB/8QAFQABAQAAAAAAAAAAAAAAAAAAAwT/2gAIAQEAAAAAOn//xAAUAQEAAAAAAAAAAAAAAAAAAAAD/9oACAECEAAAAE//xAAUAQEAAAAAAAAAAAAAAAAAAAAA/9oACAEDEAAAAH//xAAfEAACAgEEAwAAAAAAAAAAAAACAwEEBQAGERIHMWH/2gAIAQEAAT8A8N4rEZbbh7kfXcL6xHFlAMmEsWsOQAR50/ObLpuZWDCM6pKVxzX7evst1//EABcRAAMBAAAAAAAAAAAAAAAAAAACE1H/2gAIAQIBAT8AmuH/xAAWEQADAAAAAAAAAAAAAAAAAAAAARL/2gAIAQMBAT8Apn//2Q=='%3E%3C/image%3E%3C/svg%3E)
A New York City bodega worker, Jose Alba, was arrested and charged with murder in the second degree in the early hours of Saturday, July 2, 2022. He was arrested in connection with a fatal stabbing which took place inside the Blue Moon Convenience Store on Broadway, near 139th Street on Friday night.
Jose Alba, who was working late at night at the NYC bodega, was attacked by a customer, who was later identified as Austin Simon. Allegedly in self-defense, Alba fatally stabbed the customer multiple times with a knife kept on a shelf behind the counter.
Simon was pronounced dead after he was taken to Harlem Hospital.
Police said that other than murder in the second degree, the 51-year-old bodega worker was also charged with criminal possession of a weapon. Alba was imprisoned on Riker's Island on $250,000 bail on Tuesday. His bail was reduced to $50,000 by the court on Thursday.
Surveillance camera footage shows the bodega worker being assaulted and threatened by Simon before he grabs a knife and fatally stabs Simon. The video, which surfaced after the arrest, led to a public outrage demanding justice for Alba, who was simply defending himself when threatened at his workplace.
Trigger warning: The following video contains graphic content. Viewer's discretion is advised.
Bodega worker arrested for murder, public asks to #FreeJoseAlba: NYC convenience store stabbing case explored
Police said that on Friday night, a woman reportedly entered the store with her ten-year-old daughter to buy a packet of chips. However, she didn't have enough money to pay for it, which led to an argument between the bodega worker and the woman.
A while later, the woman left the store to get her boyfriend, Austin Simon, who was out on bail. When Austin entered the shop, an altercation took place between the two men before Alba stabbed Austin with a knife, as seen in the video.
In a statement, Alba's daughter Julissa said:
"He’s never hurt anybody. He’s never had an altercation where he had to defend himself. This is the first time for him."
Immediately after the video surfaced, outrage aimed at Alvin Bragg, a Manhattan District Attorney, broke out over the harsh charges against the bodega worker. His actions were seen in the context of "self-defense."
Former prosecutor and criminal defense attorney Michael Discioarro also said:
"There is no clearer example of self-defense."
On Thursday, July 7, 2022, in the midst of public outcry, the court reduced Alba's bail from $250,000 to $50,000. He was free to go home, however, he had to surrender his passport, wear an ankle monitor and was ordered to stay within the five boroughs of New York City.
Under the New York Penal Law, Article 35 states that a person is justified in using physical force against another only when they are under the "reasonable belief" that physical force is necessary to defend themselves from what is believed to be the illegal use of force.
