Bodega Clerk Forced to Defend His Life Only to Face Murder Charges Sues Woke DA


Former bodega clerk Jose Alba, who was arrested after stabbing a man to death in self-defense in New York City, is fighting back.

Alba, who spent six days in Rikers Island before a groundswell of complaints and definitive video evidence made the charge against him untenable, is suing Manhattan District Attorney Alvin Bragg and the New York City Police Department for racial discrimination, according to the New York Post.

The civil rights suit filed in federal court in Manhattan said Alba was collateral damage in the policies pursued by Bragg.

“While in theory, Bragg’s ‘racial equity’ policies are a well-intentioned attempt by him to implement even-handed justice, the means and methods employed by Bragg have instead had an opposite effect and resulted in discrimination against certain defendants based on race,” said the lawsuit, which seeks unspecified damages and a jury trial.

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On July 1, Alba had a dispute with a woman named Tina Lee because she could not pay for a bag of chips. She fetched her boyfriend, Austin Simon, who assaulted Alba as was shown on video.

In the struggle, which Simon initiated, Alba stabbed Simon to death. When police arrived, they were told by Lee what she said took place, arrested Alba and locked him away.

Bragg had Alba charged with second-degree murder and demanded $500,000 bail, which a judge lowered to $250,000. Eighteen days after the incident, Bragg dropped the charges.

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Rich Cardinale, a lawyer for Alba, said Alba tried to negotiate a settlement with the city, but was unable to do so.

Alba is seeking compensatory and punitive damages, which will be determined by a jury, Cardinale said. No price tag was named in the court papers.

Bragg “is treating people differently and he’s hurting people,” Cardinale said.

“Meanwhile, other people are committing repeated crimes and he keeps giving them a break. We can’t keep pitting ourselves against each other based on race,” he said.

Cardinale told Fox News that “The case is strong because it relies on defendants’ own documents and statements and papers filed in the criminal case.”

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“This is not a case based on a lawyer or client’s unsupported speculation,” he added.

“New York County District Attorney Alvin Bragg and/or his subordinates, following Bragg’s policy to achieve ‘racial equity’ in the Manhattan criminal justice system, charged Plaintiff with murder in the second degree and asked for high bail at Plaintiff’s arraignment,” according to a copy of the lawsuit posted on Fox News.

“Despite the fact that Simon and Lee were the initial aggressors, it was Plaintiff who was arrested, incarcerated, and wrongfully prosecuted,” the lawsuit said, referring to the attacker, Simon, and his girlfriend, Lee.

“After the video of Simon and Lee’s attack on Plaintiff was shown by the news media, and Plaintiff’s arrest, prosecution and incarceration at Rikers Island Correctional Facility became a national story, there was widespread outrage against Bragg and his office for charging a law-abiding, older working man for lawfully defending himself during the crime wave in New York City, caused in part by the massive resignations of New York City Police Officers, and legislation and policies that frustrate the ability for law enforcement to combat crime,” the lawsuit said.

This article appeared originally on The Western Journal.

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