When The Law Doesn’t Protect a Victim…He Went to Rikers and Bail Was Set
Jose Alba, a 61-year-old bodega worker in Harlem fatally stabbed Austin Simon. Alba may not be alive if he didn’t act. (Story here)
Austin Simon’s ex-wife, Tiana went to Hamilton Heights Blue Moon convenient store to purchase some items. When her EBT card didn’t work, she wasn’t able to purchase the items. It was said that that Alba snatched the chips from her 10-year-old daughter. Taina went home and got Austin so he could speak to Alba.
Everything that happens after this is because the EBT card did not work….it’s awful that a man died over this. (More info)
Many of the initial story didn’t include that Alba was stabbed once while fighting with Simon and once by Simon’s girlfriend. (See here) She wasn’t charged. (On 7/11, the news said she was questioned.)
Francisco Marte, founder of a bodega owner’s association, shows a stab wound received by Jose Alba. He says Alba was stabbed twice in each arm by ex-con Austin Simon’s girlfriend.
— Crime in NYC (@CrimeInNYC) July 9, 2022
From https://t.co/enrYgMKFYE pic.twitter.com/nN0kZeciVX
The Manhattan DA charged Alba with murder in the second degree and he was sent to Rikers. The charges were lowered yesterday and his bail was reduced to 50K. His son was able to bring 10% – $5000 and get Jose out of jail.
The law isn’t set up to protect Jose Alba. Manhattan District Attorney, Alvin Bragg should have seen this as self defense.
Is self-defense illegal in NYC?
Under New York Law, Penal Law §35.15, a person is justified in using physical force against another when that person is under the reasonable belief that the physical force is necessary to defend the person or another person from what the person reasonably believes to be the illegal imminent use of force
Austin Simon’s family must be shocked by all of this. They are mourning and they want justice (RIP Austin Simon). They see Simon going behind the counter as his way of “talking with” Alba. The public supporting Alba on top of losing a loved one must be difficult for their family.
No elected representatives from our area spoke out about this case. The King of Bail Reform, Andrew Gounardes is silent as usual. I was glad to see Mayor Adams back Alba. (See here)
I was glad to see Vito La Bella speak out. Vito’s not afraid to speak up, like many politicians are.
When we asked @ManhattanDA to get tough on criminals, we didn’t mean working people protecting themselves from violence. #freeJoseAlba pic.twitter.com/4ycSrqCcnx
— Vito LaBella For NY State Senate (@Vito4NYSenate) July 8, 2022
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Hugs,
marlene
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