Rates have been dropped Tuesday in opposition to a New York Town bodega employee arrested for the murder of person noticed on surveillance movie initially coming at the rear of the cashier's desk and attacking the employee. 

Manhattan District Legal professional Alvin Bragg’s workplace faced severe criticism for bringing the cost versus Jose Alba previously this thirty day period in spite of footage suggesting the lethal stabbing was justified as self-defense. 

Jennifer Sigall, assistant district attorney under Bragg, issued a motion Tuesday to dismiss the second-diploma murder charge from Alba and offered a copy to his lawyer, Michelle Villasenor-Grant. 

"Following an investigation, the Individuals have determined that we can't establish further than a reasonable doubt that the defendant was not justified in his use of lethal bodily pressure. As these types of, the Persons will not be presenting the circumstance to a Grand Jury and for the good reasons provided in the hooked up memorandum, hereby transfer to dismiss the grievance," Bragg's office wrote in courtroom documents received by WHD News. 

MANHATTAN BODEGA Employee Charged WITH MURDER Wanted TO Steer clear of CONFRONTATION, Movie SHOWS 

A screenshot of surveillance video provided in court docket files exhibiting Jose Alba confrontation. (NYC felony court )

Alba regularly stabbed Austin Simon at the rear of the counter in the Blue Moon ease retail outlet at 3422 Broadway in Manhattan at somewhere around 11:00 p.m. on July 1, according to court files. 

The district attorney’s business office admitted Thursday that the "loss of life stemmed from a bodily confrontation that Simon started off because he thought that Alba had harshly handled the 10-calendar year-old daughter of Simon's girlfriend." 

Alba experienced pulled out of the daughter's hand a snack that the girlfriend could not acquire thanks to a malfunctioning Electronic Gain Transfer (EBT) Card. 

A nevertheless from surveillance online video integrated in court docket documents confirmed Jose Alba tried to stay away from a confrontation.  (NYC prison court )

The girlfriend shouted expletives at the clerk and said her boyfriend would be back again to "f*** you up." 

Minutes later, Simon came to the retail store, entered the small, workforce-only area driving the counter, shoved Alba against a wall of shelving, and grabbed him by the collar to raise him out of a chair and force him out of the staff-only area, prosecutors said. He reported he required Alba to apologize to the female and to appear outside to fight him.

"I never want a trouble, papa," Alba is read on an audio recording telling Simon. 

Users of the Dominican Republic Local community, bodega homeowners and diverse associations are pictured on the ways of Town Hall all through press convention asking Manhattan D. A. Alvin Bragg to drop rates from bodega employee Jose Alba accused of killing a robber during a battle at a bodega wherever he labored.  (Luiz C. Ribeiro for NY Each day News by way of Getty Visuals)

With Simon holding him by the collar and forcibly pushing him out, Alba grabbed a knife from a shelf beside the counter and repeatedly stabbed Simon as they struggled, prosecutors said. 

Simon was later on pronounced dead at the medical center. The healthcare examiner mentioned he suffered six sharp drive accidents, like a single stab wound to the left side of his neck that injured the inside jugular vein. 

Alba explained Simon's girlfriend also attacked him. Courtroom documents noted that Alba is 61 yrs aged and five-toes-seven-inches tall, when Simon was 35 yrs outdated and 6 feet slide. 

Manhattan DA Alvin Bragg is pictured at a road renaming ceremony for Eric Garner at Bay St. and Victory Blvd. Saturday, July 16, 2022 in Staten Island, New York. A part of Bay St. was renamed Eric Garner Way.    (Barry Williams for NY Every day News via Getty Visuals)

Simon had a box cutter visible in his right front shorts but did not show it at any issue through the confrontation, according to Alba’s account to police and surveillance movie. 

Simon was reportedly out on parole for assaulting a law enforcement officer at the time of the fatal incident. Alba was arrested and experienced been held at New York City's notorious jail Riker’s Island on a $250,000 bail – fifty percent of the fifty percent-million requested by Bragg’s office environment throughout an arraignment listening to. Alba was afterwards produced immediately after his bail offer was minimized to $50,000 before the murder cost was ultimately dropped on Tuesday.  

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The district attorney’s place of work cited point out statute that narrowly defines the situations where by a fatal actual physical drive, such as murder, is "justifiable and not legal." 

When the defendant raises a defense justification, prosecutors – and not the defendant – are required to demonstrate beyond a affordable question thar the defendant was not justified in the use of fatal physical pressure. Two various doable justifications are that Alba thought that Simon was about to use fatal actual physical power against him or that Simon trespassed behind the bodega counter with the intent to commit a crime and Alba’s use of physical drive was to reduce or terminate a theft, prosecutors claimed. 

WHD News' Shelly Xu contributed to this report.