Jose Alba self defense charge murder
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Last week we wrote about the case of Jose Alba, a 61-year-old New York bodega clerk who defended himself from an attack by a younger, larger, stronger man. The attack was captured by the store’s security cameras (see it here).

When the attacker died, New York City’s far left District Attorney Alvin Bragg charged Alba with murder. Yes, murder. That prosecutorial decision resulted a metric sh!tstorm of criticism by everyone in the city from Alba’s fellow bodega clerks and store owners to Mayor Eric Adams.

We expected the political firestorm to ultimately be too intense to continue the prosecution, particularly in the face of video evidence of the defensive nature of the altercation by Alba. Sure enough, today DA Bragg ate a heaping helping of delicious crow and dropped the charge against Alba.

From the New York Post . . .

Manhattan District Attorney Alvin Bragg finally dropped the controversial murder charge against bodega worker Jose Alba on Tuesday — with his office conceding there wasn’t enough evidence to prosecute the case that sparked widespread outrage.

The DA’s office filed a motion in Manhattan Criminal Court to dismiss the case against the 61-year-old bodega worker after an investigation found it couldn’t prove the “defendant was not justified in his use of deadly physical force.”

You don’t say.

Bragg and his office faced backlash after Alba was swiftly charged with fatally stabbing 35-year-old violent ex-con Austin Simon, who had attacked Alba inside the Hamilton Heights Grocery on July 1.

Backlash is putting it mildly.

All’s well that ends well…other than the fact that Alba had to spend days in the hellhole that is Riker’s Island and deal with the expense of mounting a defense, along with the fear and uncertainty that comes with being charged with murder.

However, with tens of thousands of New Yorkers newly interested and anxious to exercise their Second Amendment rights, don’t expect the District Attorney to back off of a bodega clerk who similarly uses ballistic deterrence to defend himself. At least not without even more of a fight.

If the city and state’s foot-stoping reaction to losing the Bruen decision is any indication, they’ll be much more likely to go after a gun owner for defending himself to the fullest extent possible — no matter how justified the situation may be. They’ll use the process as punishment wherever possible, even given similarly exculpatory evidence to that which ultimately cleared Jose Alba.

Let’s hope that when it happens — and it will — the defender has a good concealed carry insurance policy. He’ll probably need it.

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56 COMMENTS

  1. New York has little interest in justice. They want to punish anyone and everyone who doesn’t toe the authoritarian line.

    And, I’ll say again that there should have been an armed insurrection against the city over Stop and Frisk. But, fascists gonna fasc . . .

    • “New York has little interest in justice.”

      The pols in leadership- yes.

      We’ll have to see about the voting citizenry. Those are the ones who applied the pressure to get some small justice for Alba. They’ll have a real chance for payback the next time the Governor (’22) and Mayor (’24) come up for re-election. I’m not a NYer so I don’t know how Bragg assumed his office, but if elected, here’s a great issue to see he is ancient history soon as well.

      No question that the video from various angles helped a lot, as it eventually did in the Rittenhouse case. Video wasn’t even considered before Eli Dickens was lauded a “hero” by the people “in command” in MD, regardless of some idiot press coverage. We are winning right now and must start working hard, as individuals and within our own circles to see that these gains, although costly in both money and personal reputation, keep resonating with The People.

      We need to make personal protection, and especially self defense, key isues in all of the upcoming election cycles ,especially at the state and local levels. Use your money and energy here- anyone can be cynical, or just ignore it. Do your part for freedom and American liberty. Attend candidate rallies and force the question with those seeking our votes, be prepared well in advance and take people with you to support the issue. Shave, clean up and forego the normal POTG labelled gear that stereotypes us before we even open our mouths. The public in those places are much closer to the real issue than most of we, the keybpard warriors. Most in attendance will never want to find themselves in positions like Alba and thousands of other New Yorkers who have become ensnared in legal hassles through no wish of their own. Most will side with freedom, no matter how reluctantly., so help drag them across the line, don’t push them aside.

    • be for the above. And furthermore…Alba was stabbed in the arm by the perp’s girlfriend and his wounds weren’t tended to and became infected as he sat behind bars, his defenders say.

      Like I said, “Lawsuit.”

      • Did they charge her for felonious assault?
        I hope so. But probably not. Sorry I haven’t been following the story except the headlines because I know how the system works in nyc.

        • “Did they charge her for felonious assault??

          No, “they” have not, at least not yet, even though it is on the various video feeds.

          Of course, way back, the chick who straw purchased guns for HarrisKlebold in the Littleton, CO area was never charged nor prosecuted, either, even though it was a clear violation of Federal law. They were both minors at the time.

  2. District Attorney Alvin Bragg should be heavily penalized for malicious prosecution including, but not limited to, dismissal and disbarment. It probably won’t happen, but one can only hope.

  3. Of course he premeditated taking the knife from the girl friend and killing this good boy who just got mixed up with the wrong crowd. My baby was a good boy, he didn’t deserve to die just because he was attacking an old man.

  4. Fun Fact: the DA in this case was one of the many far left DAs that have the backing of George Soros. I have a strong feeling that the reason why these charges were dropped because Bragg fears getting tossed out on his ass like the Soros backed DA of San Fransisco was recent.

  5. I’m probably mistaken, but I thought I read somewhere that self defense insurance, so-called *murder insurance* by some, was ruled against in NYC and/or NY. If so, it should be revisited because people are fed up with victim hood.

    • They did, but that was mostly because the NRA was dumb enough to be incorporated in New York. Which gave them a large amount of legal power over the organization, specially when it came to regulating insurance providers.

      What the NRA was providing was just pre-paid legal services, the did so after the show-trial of George Zimmerman. He had to pay about $2 million USD to fight against the corrupt DA he went after him for his justify homicide of some looser. Pre-paid legal services are pretty common across multiple industries. When I myself was a long haul trucker I used a pre-paid legal service, it was mostly aimed at dealing with traffic tickets. But it could also cover any potential criminal charges if I were to be involved in a serious traffic accident. I had to use it twice for minor moving violations and both times my tickets were thrown out. And when it comes to a CDL any violation on your record can cost your license.

      • “And when it comes to a CDL any violation on your record can cost your license.”

        Which shows why USCCA insurance wouldn’t likely help an OTR trucker caught with a loaded firearm in the cab, regardless of the reason. Yet another reason to lobby and insist on my posts above. It has little to do with NRA…

      • I definitely agree that people should get prepaid legal for self defense. However, a lot of programs are insurance. Many will reimburse your expenses, but only if you are found not guilty (insurance doesn’t cover criminal or intentional acts). The NRA Carry Guard was an insurance program and was underwritten by Lockton Affinity.

  6. Why hasn’t the Alba-stabbing girlfriend not been charged with attempted murder/assault with a deadly weapon? Her attack of Alba was also clearly evident on the security camera footage.

    • probably for the same reason Alba was arrested….’cause the bad guy is always the innocent victim in New York City

      • Thats it, nyc is upside is down, right is wrong or left whatever works best for them and/or worst for you.

  7. Heres what happened in NY DA world….

    The girl friend hired Alba to kill her boyfriend. The plan was the girlfriend would get the boyfriend to the Bodega on the pretence of buying a bag of potato chips. Then the girlfriend would try to pay for the chips with her EBT card she knew would be declined, this was the cue her and Alba had arranged. At this point the girlfriend would sic her boyfriend on Alba who was waiting like a tiger ready spring upon the unsuspecting boyfriend and Alba overcame the boyfriend and held him down while he brutally stabbed him to death.

  8. A Soros DA does as Soros DAs all do to curry favor with their America hating political master. I think most of NY and NYC are long past being able to recognize their descent into LW lunacy…and the pity is for the most part when they move away they bring the same lemming like voting habits with them.

  9. Hell hath certainly frozen over in liberal land. My fear is the next person who takes a life defending themselves won’t be so fortunate as this da most certainly didn’t get any A-1 for his crow.

  10. I understand that the bodega owner came to the legal defense of Mr. Alba, hiring him an attorney. Given the early termination, it shouldn’t cost much.

  11. At least the DA’s office recognized that it had to prove that Mr. Alba DID NOT act in self defense, a burden that requires proof beyond a reasonable doubt. Mr. Alba did NOT have the burden of proving he was acting in self defense.

  12. I am not familiar with NY law. Could Felony Murder charges be brought against the girlfriend? She was an active combatant here as well.

    • “Could Felony Murder charges be brought against the girlfriend?”

      Who did she kill? That ought to provide your answer…

      • In states where there is a felony murder statute, all that is necessary for felony murder to apply is that someone die in the commission of a felony. An assault with disparity of force in most states is a felony. The girlfriend went to the boyfriend and said something that led to the felonious assault. In most jurisdictions that makes her at least a co-conspirator. the felon committing the assault died hence in many states she could be charged under the felony murder rule. You may not believe this but in Kalifornicadia at one time in the dusty past, being convicted of a felony murder charge would make you liable for the death penalty and in those halcyon days the death penalty was actually carried out.

        The co-conspirator does not even have to be on scene. For instance, the get-away driver is sitting in the car waiting for the actual hold-up dude to come running out with the loot. Instead the store clerk wastes the hold-up dude. Maybe the driver didn’t even know the hold-up dude had a gun and the driver certainly didn’t plan on the hold-up dude getting wasted. Doesn’t matter. If somebody dies of a heart attack due to the stress of the hold-up it’s still felony murder.

        Disclaimer: Not a lawyer however I did sit in court for 25 years writing down everything everybody said. Some of it rubbed off.

    • She participated with her boyfriend in his felonious assault, a felony that led directly to boyfriend’s death when their victim defended himself. That is textbook felony murder.

  13. I was almost hoping — almost but not quite — that a Alba would be prosecuted. It would be another step toward the complete and utter destruction of the abomination known as New York City.

    It didn’t happen. Oh well. We can still hope for a massive tidal wave to wash the city clean off the map of America. The sea can handle a little more sewage.

  14. Publicity and zero chance of conviction. DA recognized that getting a conviction was extremely unlikely if the guy said to piss off, not guilty, jury trial. Charging someone is easy, taking the case the whole way to a jury trial on a flimsy case is another. While it happens, recent outcomes of highly publicized cases surely was an additional consideration.

  15. It took that idiot DA in NYC long enough to get the idea that he did not even have a case to begin with.

  16. Put in jail because the DA wants to quell self defense. Victims are required to put thru more unconstitutional laws.

  17. The ad for “legal defense” should actually have a list of providers such as USCCA, my own preferred concealed carry insurance provider.

  18. Any criminal charge is based on probable cause, which is: Facts and circumstances within a officers realm of knowledge that would lead a reasonable person to believe a crime has been committed. When was any PC present in this incident? It was clearly self defense, a 14 year old could determine that. I hope the real victim sues the city, there existed no probable cause for the bodega employees arrest, period.

  19. Imagine the hoop-la-la if Manhattan District Attorney Alvin Bragg would be carrying concealed, was attacked and used his firearm to kill the attacker. Would he charge himself or would an assistant DA have to do that to keep up their insane position?

  20. What exactly has this incident to do wu ith gun control. The guy we was using a bloody knife and for all we know was an extreme anti-gunner Evewrybody ghhas the right to self defence using proportionate force. This guy was an old man being attacked y by a mucum younger man and that definens what is and whatb is not proportionate force what in these circumstance is ‘proportionate’ for an old guy my well NOT be proportionate for a younger and fitter one and dose not mean thaqt a gun would have been proportionate either- that’s for a Judge to decide . I do NOT expect the pro-gunners to appreciate this.

    • I would correct your inappropriate limitation upon use of force (but not your limited skill at typing). In the real world, Everyone has the right to self defense using any and every means available, including disproportionate excessive force. If someone attacks me with a knife, I will shoot him and keep shooting him until he no longer twitches. That is my right. I an fully justified in in defending myself with every resource at my disposal.

  21. I would trust a New York City jury at least for this particular case. I believe they would have found him not guilty on all counts. If he had gone to trial. And that is what the DA was really afraid of. An example of jury nullification in a very prominent criminal case.

    And I think that is what New York City really needs. An example of the citizens saying, NO, to a local district attorney. That example would have shown there is a way to fight back against a tyrannical government. And that is what the DA is really terrified of. When the citizens realize they actually do have power.

  22. Amazing!
    The USA is inching back toward common sense and is trying to unf**k it’s-self, and even New York is tagging along for the ride.

  23. Did anyone else notice that the clerk was intentionally preventing the guy from escaping being stabbed? The man tried to duck under him towards the open door, after the initial stab (to a vital and likely fatal area), and the clerk deliberately prevented him from doing it, while continuing to stab him.

    Did anyone notice the clerk giving him a stomp at the end of the knife assault, after the man was down and out? You dont SEE the stomp, but you see the clerks upper body doing a stomp motion.

    I think that there might be more to this, warranting more than just a glance at this video.

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