NYC Prosecutors are trying to drop murder charges against a bodega worker for fatally stabbing a man who physically assaulted him over a bag of chips.
Manhattan District Attorney Alvin Bragg on Tuesday asked a judge to drop charges against 61-year-old Jose Alba, who said he acted in self-defense in the stabbing news.
Alba was working at the Blue Moon delicatessen on July 1 when he fatally stabbed Austin Simon in the neck and chest.
Surveillance footage clearly showed that 37-year-old Simon had walked behind the counter at the Hamilton Heights supermarket and pushed the clerk into a stack of shelves before grabbing it.
Bodega worker Jose Alba (right) was physically assaulted by a customer before pulling a knife and fatally stabbing the man. The charges against Alba are now dropped
Surveillance footage from the Blue Moon supermarket in Hamilton Heights showed 61-year-old Jose Alba was attacked before he reached for a knife and stabbed 37-year-old Austin Simon on July 1
Jose Alba, 61, the Manhattan bodega worker charged with murder for stabbing a man who assaulted him, is being released on bail
Only then did Alba reach for a shelf and pull out a knife to fight back.
During the altercation, Alba was apparently stabbed by Simon’s girlfriend, who started the argument over the cost of a bag of chips but was never charged in the incident.
Progressive prosecutor Alvin Bragg has faced fierce criticism after charging the bodega worker
Bragg had been heavily criticized after he impeached Alba, including from Mayor Eric Adams.
The move by progressive prosecutors to drop the charges has to be approved by a judge but likely means Alba’s legal ordeal is over.
Pressure on Bragg to drop the charges against Alba had been mounting since footage emerged showing Simon – who had previously been convicted of other assaults – had pushed Alba onto a shelf and started dragging him.
Footage shows the two fighting before Alba grabs his knife and begins stabbing Simon
Other videos obtained by DailyMail.com show Simon – who was on probation for assaulting a police officer when he died – marching behind the bodega’s counter to confront Alba.
“Dad, I don’t want any problem, Dad,” Alba said calmly.
Minutes after his girlfriend tried to buy a bag of chips for her daughter, Simon barged into the Blue Moon supermarket but her benefit card had been declined.
This is the moment Alba was stabbed in the arm by the girlfriend of the man he stabbed over a bag of potato chips on July 1st in a row
Alba was stabbed in the arm by Simon’s girlfriend during the altercation
The woman who claimed Alba snatched the bag of chips from the child In the video, Alba can be heard asking, “Did you put food down?”
Alba replies that he will try her card another time.
“Okay mom, let me do it another time. My God,” he tells her while she insists, “there’s money in it.”
But he steals the card several times and gives it back to her, saying it doesn’t work.
The woman was in the store with her daughter trying to buy a bag of chips
The edited footage is cut to show other customers in the bodega as the woman screams out of camera view.
“You mustn’t touch my daughter. Don’t tear that out of my daughter, you fucking piece of shit!’
The woman reported that Alba snatched the bag of chips from her daughter’s hand when she couldn’t pay.
She continues, “I’ll bring my N- down here and he’ll f-k you.” My N— come right down here and get ready!’
Alba tells her it’s not his fault and the card isn’t working.
Another woman asked, ‘Did they take something from you?’ Alba replied, “No, I take it back.”
Simon is then seen on the video storming into the store and going behind the counter where he confronts Alba.
‘What’s wrong with you? N**** what’s the matter with you?’ he yells at him.
Then Simon pushes Alba onto the shelf.
The new footage includes a cut showing a bloodied Simon sprawled on the bodega floor with his girlfriend screaming, “That was over $3. Three damn dollars. He snatched something from my daughter… please help him.’
Insiders have claimed the girlfriend has not been charged with assaulting the store employee because prosecutors believe she was defending her boyfriend.
Development of the story, more to come.