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New York City calls for dismissal of lawsuit filed by ex-bodega clerk Jose Alba after murder charges dropped – Fox News

New York City calls for dismissal of lawsuit filed by ex-bodega clerk Jose Alba after murder charges dropped – Fox News

This material may not be published, broadcast, rewritten, or redistributed. ©2023 FOX News Network, LLC. All rights reserved. Quotes displayed in real-time or delayed by at least 15 minutes. Market data provided by Factset. Powered and implemented by FactSet Digital Solutions. Legal Statement. Mutual Fund and ETF data provided by Refinitiv Lipper.
National Association of Latino State Chambers of Commerce Chairman Frank Garcia calls out Manhattan prosecutors over murder charge facing attacked bodega worker.
Lawyers representing New York City called on a federal judge to drop a lawsuit filed by ex-bodega clerk Jose Alba after murder charges against him were dropped.
Jose Alba, a former bodega worker, was attacked while working behind the counter on July 1, 2022, by 35-year-old Austin Simon as well as his girlfriend, Tina Lee. Alba grabbed his knife and fatally stabbed Simon. Alba claimed self-defense, but murder charges were later filed against him.
Manhattan District Attorney Alvin Bragg’s office would later drop the charges after an outcry in public support for Alba, which included Mayor Eric Adams.
Alba was jailed at Rikers Island for nearly a week before prosecutors lowered his $250,000 bail.
BODEGA CLERK JOSE ALBA LEAVES NYC ‘AFRAID FOR HIS LIFE,’ MULLS MOVE BACK TO DOMINICAN REPUBLIC: REPORT
A screenshot of surveillance video included in court documents showing Jose Alba confrontation. (NYC criminal court )
He would go on to file a lawsuit against the city, Bragg and NYPD Detective William Garcia. 
However, lawyers for the city claimed in a Friday court filing that they had reason to charge Alba based on the available evidence, which includes testimony from Simon’s girlfriend, witness testimony, and surveillance video of the incident.
“As detailed in our motion, under the circumstances there was sufficient probable cause to arrest and prosecute Mr. Alba,” a city Law Department spokesman said.
EX-BODEGA CLERK JOSE ALBA SUES NYC DA ALVIN BRAGG FOR RACIAL DISCRIMINATION AFTER MURDER CHARGES DROPPED
A still from surveillance video included in court documents showed Jose Alba tried to avoid a confrontation.  (NYC criminal court )
City lawyers previously said “it was entirely reasonable to believe that plaintiff unnecessarily escalated the confrontation between himself and Mr. Simon—even if it was Mr. Simon who initiated the confrontation.”
Alba’s lawyer, Richard Cardinale, called the city attorney’s filing “outrageous” when speaking with Fox News Digital.
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NEW YORK, UNITED STATES – 2023/04/18: Manhattan District Attorney Alvin Bragg.  (Lev Radin/Pacific Press/LightRocket via Getty Images)
“The city’s lawyers mischaracterized the incident and lawsuit brought forth by Jose Alba by misstating in their motion to dismiss, that Jose Alba was the bad guy and the aggressor,” Cardinale said. “Part of the city’s motion to dismiss right now in the civil case says Austin Simon’s girlfriend, Tina Lee, corroborated a series of events to support Alba’s arrest.”
Cardinale told Fox News Digital there’s no corroboration of Alba being the initial aggressor in his review of the initial criminal complaint and detectives’ videotaped interview with Tina Lee. 
Fox News’ Chris Pandolfo and Danielle Wallace contributed to this report
Adam Sabes is a writer for Fox News Digital. Story tips can be sent to Adam.Sabes@fox.com and on Twitter @asabes10.
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This material may not be published, broadcast, rewritten, or redistributed. ©2023 FOX News Network, LLC. All rights reserved. Quotes displayed in real-time or delayed by at least 15 minutes. Market data provided by Factset. Powered and implemented by FactSet Digital Solutions. Legal Statement. Mutual Fund and ETF data provided by Refinitiv Lipper.

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