Alvin Bragg sued by store clerk who fatally stabbed attacker last year

 October 1, 2023

Last summer saw Manhattan District Attorney Alvin Bragg charge elderly store clerk Jose Alba with second degree murder after he stabbed a younger man who attacked him.

Alba was jailed for a time at New York City's notorious jail on Rikers Island before his charges were ultimately dropped. However, the case is blowing up again as Alba has decided to sue Bragg. 

Man Alba killed had  long criminal record

Alba's case gained national attention after security footage emerged of a confrontation between the clerk and Austin Simon as well as Simon's girlfriend, Tina Lee.

It showed Simon, a 35-year-old man with an extensive criminal record, coming behind the counter at Alba's store and assaulting the clerk.

Interestingly, while Lee was later seen drawing a knife of her own and stabbing Alba, Bragg opted not to pursue charges against the woman.

Lawsuit describes Bragg's "racial equity" agenda

According to Fox News, Alba has filed a civil rights lawsuit against Bragg, arguing that he was targeted under the prosecutor's "racial equity" policies.

Also named in the suit is NYPD Detective William Garcia, Department of Corrections Commissioner Louis Molina, with the latter said to be responsible for Alba receiving "inadequate medical care at Rikers Island."

"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," Fox News quoted Alba's complaint as stating,

"Despite the fact that Simon and Lee were the initial aggressors, it was Plaintiff who was arrested, incarcerated, and wrongfully prosecuted," it continues.

Store clerk seeking punitive damages

"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," Alba's complaint asserts.

Richard Cardinale is Alba's attorney, and he told Fox News that his client is seeking both compensatory and punitive damages."

"The case is strong because it relies on defendants’ own documents and statements and papers filed in the criminal case," Cardinale was quoted as saying.

"This is not a case based on a lawyer or client’s unsupported  speculation," Alba's attorney went on to declare.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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