New York City calls for dismissal of lawsuit filed by ex-bodega clerk Jose Alba after murder charges dropped
Alba's lawyer called the characterization of the incident 'outrageous'
{{#rendered}} {{/rendered}}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.
{{#rendered}} {{/rendered}}Alba was jailed at Rikers Island for nearly a week before prosecutors lowered his $250,000 bail.
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.
{{#rendered}} {{/rendered}}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.
{{#rendered}} {{/rendered}}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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{{#rendered}} {{/rendered}}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