Man who killed his attacker says Alvin Bragg targeted him based on race

By 
 October 3, 2023

Despite campaigning against what he calls "over incarceration," Manhattan District Attorney Alvin Bragg has shown an eagerness to try and lock up those who defend themselves from criminals. However, one of those victims is fighting back in court.

According to Fox News, former store clerk Jose Alba has filed a civil rights lawsuit over Bragg's decision to charge him with second degree murder. 

Security footage showed Alba defending himself

Alba gained national attention last year after security footage emerged that showed the elderly figure stabbing 35-year-old Austin Simon.

Simon, a man with an extensive criminal record, charged behind the counter at Alba's store and began beating the clerk.

Simon's attack was encouraged by his girlfriend, Tina Lee was later seen drawing a knife of her own and stabbing Alba, Bragg opted not to pursue charges against the woman. Lee was later seen drawing a knife of her own and stabbing Alba yet Bragg opted not to pursue charges against her.

Suit also names police and correctional officials

While Alba's murder charge was eventually dropped following a public outcry, he was still forced to spend time behind bars at New York City's notorious jail on Rikers Island.

In addition to naming Bragg, Alba's lawsuit also goes after NYPD Detective William Garcia and Department of Corrections Commissioner Louis Molina.

Molina is alleged to have been responsible for the plaintiff receiving "inadequate medical care" while he was incarcerated at Rikers Island.

The lawsuit contends that Alba, who is Hispanic, was targeted by Bragg as part of a scheme to achieve "racial equity" in the criminal justice system.

Bragg accused of targeting "certain defendants based on race"

"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.

"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.

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