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The murder charges against a NYC bodega clerk for stabbing an attacker have been dropped by a judge.
Tuesday’s hearing came after the Manhattan district attorney’s office filed a motion to dismiss the second-degree murder charge against the 61-year-old NYC bodega clerk, Jose Alba.
The recent release of a viral video showed Alba being attacked by a man who entered the bodega and got behind the counter, pushing Alba into a wall. Alba was able to grab a nearby knife and stabbed the attacker three times killing him.
A Manhattan Assistant District Attorney said that their office could not prove beyond a reasonable doubt that Alba’s use of deadly force was unjustified, and moved to drop the charges.
Alba was arrested and sent to Rikers Island on an original bail of $250,000. At a bail hearing, Alba’s bail was negotiated down to $50,000 and was released with the stipulations that he was barred from leaving New York City, had to surrender his passport, and had to wear an ankle monitor.
Community Calls for Alba’s Release
After the release of surveillance video showing Abla’s attacker going behind the counter and pushing Alba against the wall, community members urged Manhattan District Attorney Alvin Bragg to drop all charges.
“The Alba family does not have the money for a defense attorney, and it’s a waste of taxpayer dollars to pursue murder charges against a hard working man with no known criminal record. We are hopeful that DA Braggs will listen and understand UBA’s plea to drop all charges,” said Fernando Mateo, spokesperson for United Bodegas of America.
Mayor Eric Adams agreed with the prosecutor’s decision to pursue dropping charges against Alba.
“We had an innocent hard-working New Yorker that was doing his job and someone was extremely aggressive towards him. And I believe after the DA’s review, the DA in my opinion made the right decision,” Adams said.
This was such a terrible situation. It didn’t need to end with the man being murdered, but the worker had no way of knowing what was about to go down. This is where being a protector of your home goes too far. Men need to be courageous and strong but also have a cool head so that they can stay alive for their family.
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