New York DA Alvin Bragg sued by wrongfully charged bodega worker

October 1, 2023

District Attorney Alvin Bragg has been sued by a New York City bodega worker who was wrongfully accused of murder.

Jose Alba, 66, was charged with murder after defending himself during a robbery attempt.

The situation

"Alba defended himself by grabbing a knife and stabbing Simon, who died as a result, according to Breitbart News," Breitbart News reported.

“Simon came into a New York City bodega on July 1, 2022, and allegedly went behind the counter after his girlfriend couldn’t make a purchase because her benefits card was declined," it added.

The lawsuit

"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," the complaint states.

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

The mistreatment

"Alba was charged with second-degree murder for killing Austin Simon after the 35-year-old attacked him at a Blue Moon convenience store," the Daily Beast reported.

"Alba claimed self-defense, but was sent to Rikers Island prison with a $250,000 bail," it noted.

The lawsuit also claims that workers at Rikers Island did not provide Alba with appropriate medical treatment during the time he was incarcerated.

The high bail amount also led to Alba remaining behind bars until his name was cleared, despite video footage that showed him clearly acting in self-defense.

The charges have since been dropped but the lawsuit now seeks to make things right for Alba following his treatment from Bragg.


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