Amid soft-on crime tag, Bragg drops charges against worker who killed assailant

Manhattan District Attorney Alvin Bragg's office on Tuesday dropped murder charges against a Manhattan bodega worker who fatally stabbed an assailant in the store — and in the process, the new district attorney may have helped temper criticism he is soft on crime.

In papers filed in Manhattan Criminal Court, Assistant District Attorney Jennifer Sigall asked a judge to toss the murder complaint against Jose Alba because prosecutors couldn’t rebut his claim he acted in self-defense when he killed Austin Simon on July 1.

“Following an investigation, [prosecutors] have determined that we cannot prove beyond a reasonable doubt that the defendant was not justified in his use of deadly physical force,," Sigall wrote in her memorandum to the court. "As such, the People will not be presenting the case to a Grand Jury.” 

After a court hearing, Judge Laurie Peterson granted the prosecution’s motion, officials said. A key to the prosecution request for dismissal of the charges was the argument that Simon’s actions at the store met the legal definition of a burglary in which Alba was justified under state law in using deadly physical force, court papers stated.

Dismissal of the murder case, which had galvanized the public and bodega workers citywide after Alba's arrest, was met with gratitude from the defendant’s supporters and appreciation that the charges were dropped against a worker defending his store. Bragg faced criticism for being soft on crime after putting out a memo in January asking his staff to downgrade certain offenses. Some politicians have even asked for his removal from office.

Fernando Matteo, head of United Bodegas of America with 14,000 city members and a staunch supporter of Alba, applauded Bragg’s decision and said it showed that he is not as weak on fighting crime issues as some critics contend.

“Today, Alvin Bragg hit a grand slam, he made a mistake, but he corrected it on time,” said Matteo in a telephone interview. “I feel New York City has won. This is one battle New York City has won against the criminals.”

Mayor Eric Adams also lauded the move, saying the prosecutor made the “right decision.”

Alba, 61, was charged in a criminal complaint with murder after he and Simon, 35, got into an altercation at the Blue Moon bodega in upper Manhattan. The incident was triggered when Alba refused to let Simon’s girlfriend have a bag of snacks for her daughter after her electronic benefits card was declined for the transaction, authorities said at the time. The girlfriend, who wasn’t identified in court papers, then returned with Simon, who prosecutors said went after Alba in an attempt to drag him from behind the store counter and have him apologize to the child. Simon, who was more than six feet tall and had a box cutter in his pocket but didn’t show it, got into a physical struggle with Alba, 5-feet-7.

“I don’t want any problem, Papa,” Alba told Simon during the altercation, which was captured on surveillance video. Alba then picked up a knife and during the fight, stabbed Simon several times, including in the jugular vein, according to prosecutors. After cops arrived, Simon was pronounced dead. Video evidence showed Simon’s girlfriend allegedly taking out her own knife and slashing Alba.

By Anthony M. DeStefano

tony.destefano@newsday.comtonynewsday

Anthony M. DeStefano has been a reporter for Newsday since 1986 and covers law enforcement, criminal justice and legal affairs from its New York City offices.