On Tuesday, the charges were dropped. READ MORE: Hamilton Heights bodega employee arrested for murder tells CBS2 he acted in self-defense The video clearly shows 61-year-old Jose Alba stabbing 35-year-old Austin Simon inside the Blue Moon Convenience Store, but Manhattan District Attorney Alvin Bragg said his office could not prove beyond a reasonable doubt that the incident was a homicide and that Alba may have been justified in using deadly force. Bodega workers and others had come out in support of Alba, asking Bragg to drop the charges. “We are so happy,” said Francisco Marte of the Bodega & Small Business Association. “When Alvin Bragg called to tell me about the case, I felt he was giving us the respect we deserve.” “This was clearly not a murder case in any sense of the word,” David Schwartz, director of the New York Grocers Association, told CBS2’s Ali Bowman. Some lawmakers said the case should never have gotten to this point. “Jose Alba should never have been charged and sent to Rikers Island in the first place. This was a clear case of an innocent man acting in self-defense. Fortunately, security cameras captured the entire incident on video or Alba could very well be facing the charged with murder today. This video evidence is yet another reason why Alvin Bragg was so wrong to put Alba on the ring as he did, charging him with murder, sending him to Rikers Island with an open stab wound, and denying charge the person who stabbed Alba,” said Rep. Lee Zeldin, a Republican candidate for governor. “While today’s news that the charges against Mr. Alba will be dropped is a great victory for justice, what our city desperately needs is for DA Bragg to properly charge the criminals to prevent residents from fleeing in self-defense,” spokeswoman Nicole Malliotaki said. . READ MORE: Bodega owners, elected officials rally in Staten Island to defend Jose Alba, bodega employee who fatally stabbed attacker Mayor Eric Adams spoke about the DA’s decision Tuesday afternoon. “I think in this case we had an innocent, hard-working New Yorker who was doing his job and somebody was extremely aggressive towards him. And I think after the DA’s review, the DA, in my opinion, made the right decision .” Adams said. Legal expert Dmitriy Shakhnevich told Bauman he believes Simon’s lack of a gun is why the DA took so long to make his decision. “There was a gun only one way and whenever there’s a gun only one way that raises the flag of denial of self-defense, as we like to say, and that’s what happened here,” Shakhnevich said. He also said that now that the charges have been dropped, it’s possible that Alba will file a civil rights lawsuit, but he thinks that, in that case, it would be difficult to win. CBS2’s Dave Carlin spoke to longtime residents of Hamilton Heights, where Blue Moon is located. “He didn’t plan it. He didn’t stand up and say, ‘I’m going to kill somebody today.’ That wasn’t his goal,” Yvonne Sonera said. “As a store owner, I think they have a right to defend themselves. But to murder? It’s a very difficult situation, to be honest,” said Michelle Delgado. “This is, like, a no-win situation because … the victim’s family is not going to be happy about it,” said a man named Reggie. Is not. “My cousin was a father. My cousin had people who loved him. He had a family,” Candra Simon said. New information in the motion to dismiss says the argument began when Simon’s girlfriend couldn’t pay for a snack her daughter wanted. Alba allegedly grabbed the snack out of the child’s hand. Simon later returned, apologizing, which sparked the conflict. READ MORE: Exclusive: Hamilton Heights Bodega employee arrested for murder says he acted in self-defense in last week’s incident Alba, who has said very little about the case, recently showed CBS2 his injuries, but not his face. His daughter translated one of his comments. “They put him in a position where he couldn’t tell how it was going to end. He was just defending his life,” Alba’s daughter said. “He took the life of a man who didn’t have a gun drawn. I don’t understand how people don’t understand how we feel, how they can’t understand that we feel this is not right,” said Candra Simon. “And he’s going to walk about it and go back into the community like nothing happened. I think that sets a very dangerous precedent.” READ MORE: United Bodegas of America joins calls to drop charges against Jose Alba, bodega worker accused of murder Hamilton Heights residents said they are concerned about the current situation in the city. “I think the whole town has gone crazy and I think everybody’s out of their minds. Nobody has a coping mechanism anymore and everybody’s gone off the deep end,” Delgado said. “He took it to a level that I’m sure he regrets now and I’m sure he’ll live with it, which won’t be good, so that’s punishment enough,” Sonera added. Jessica Moore Jessica Moore is an Emmy Award-winning anchor for the weekend evening newscasts on CBS 2 and WLNY 10/55. Moore joined the stations in July 2016.
