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Ex-bodega clerk Jose Alba sues NYC DA Alvin Bragg for

racial discrimination after murder charges dropped
Alba says Manhattan DA Alvin Bragg's 'racial equity' policies resulted in racial discrimination
By Chris Pandolfo Fox News

Published September 30, 2023 11:14am EDT | Updated September 30, 2023 12:47pm EDT

Jose Alba's case 'not a political issue', DA has his 'head in the sand', defenders say
National Association of Latino State Chambers of Commerce Chairman Frank Garcia calls out Manhattan prosecutors over murder charge facing attacked
bodega worker.

FIRST ON FOX — The New York City bodega clerk who had murder charges dropped after
video showed he acted in self-defense is suing District Attorney Alvin Bragg and NYPD for
civil rights violations.

Jose Alba, an ex-bodega worker who was attacked behind the counter on July 1, 2022, by
35-year-old Austin Simon and his girlfriend, Tina Lee, filed a lawsuit in the Southern District
of New York on Friday alleging he was wrongfully prosecuted because of the Manhattan
district attorney's "racial equity" policies. The complaint names Bragg, NYPD Detective
William Garcia, and unidentified arresting officers and detectives of the NYPD as
defendants in the case.

"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."

BODEGA CLERK JOSE ALBA LEAVES NYC ‘AFRAID FOR HIS LIFE,’ MULLS MOVE BACK TO
DOMINICAN REPUBLIC: REPORT

A photo of Alvine Bragg embedded in a screenshot of surveillance video obtained by the New York Post showing Jose
Alba's deadly confrontation with ex-convict Austin Simon. (Barry Williams via Getty/NYPost video)

The lawsuit also names Department of Corrections Commissioner Louis Molina and other
DOC officials as defendants "responsible for the unconstitutional conditions of
confinement and inadequate medical care at Rikers Island."

Alba's attorney, Richard Cardinale, told Fox News Digital Alba is seeking justice and
compensatory and punitive damages against the city.

New York City's Law Department said the city will review the case when serve and respond
accordingly.

READ THE LAWSUIT BELOW. APP USERS:

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Alba's case grabbed national headlines for months after he was charged with second-
murder for killing Simon, who was seen on surveillance video first coming behind
the cashier's desk at the Blue Moon convenience store in Manhattan and attacking him.
Despite claiming self-defense, Alba was sent to Riker's Island prison and initially given
$250,000 bail, outraging the city's Dominican community.

"After the video of Simon and Lee’s attack on Plaintiff was shown by the news media, and
Plaintiff’s arrest, prosecution and incarceration at Rikers Island Correctional Facility
became a national story, there was widespread outrage against Bragg and his office for
charging a law-abiding, older working man for lawfully defending himself during the crime
wave in New York City, caused in part by the massive resignations of New York City Police
Officers, and legislation and policies that frustrate the ability for law enforcement to
combat crime," the complaint states.

NYC JUDGE DROPS MURDER CHARGE AGAINST BODEGA WORKER AFTER MANHATTAN
DA BACKTRACKS

Manhattan District Attorney Alvin Bragg was named in a lawsuit alleging racial discrimination against Jose Alba, a bodega
worker who was wrongfully charged with murder after the lawful self-defense killing of Austin SImon. (Lev Radin/Pacific
Press/LightRocket via Getty Images)

"Defensively, Bragg responded that he was still investigating the incident, while Plaintiff,
who could not pay the high bail for murder in the second degree, suffered at Rikers Island,
unaware whether he was facing a long prison sentence for lawful self-defense."

Bragg's office faced widespread condemnation for bringing charges against Alba, as
footage strongly suggested that the bodega worker grabbed a knife and fatally stabbed
his assailant only after he had been attacked first.

Among many other supporters, New York City Mayor Eric Adams and former NYPD
Commissioner Bill Bratton had publicly decried the initial charging decision, saying Alba
acted in self-defense to thwart what appeared to be either an attempt on his own life or a
robbery in progress.

Under intense public pressure, the district attorney dropped the murder charge on July 19,
2022.

BODEGA CLERK JOSE ALBA TO TESTIFY AT HOUSE JUDICIARY FIELD HEARING ON

VIOLENT CRIME UNDER NYC DA ALVIN BRAGG

Members of the Dominican Republic Community, Bodega owners and different associations are pictured on the steps of
City Hall during a July 13, 2022, press conference asking Manhattan D. A. Alvin Bragg to drop charges against bodega
worker Jose Alba accused of killing a robber during a fight at a bodega where he worked. (Luiz C. Ribeiro for NY Daily
News via Getty Images)

Alba had declared his intention to sue the city in February, but the case was delayed while
his attorney negotiated a pre-lawsuit settlement with the city. However, the parties could
not reach an agreement, Cardinale told Fox News.

"The case is strong because it relies on defendants’ own documents and statements and
papers filed in the criminal case," Cardinale said. "This is not a case based on a lawyer or
client’s unsupported speculation."

The District Attorney's Office did not immediately respond to a request for comment.

As a candidate for district attorney, Bragg said racial equity must be a priority and stated
his belief that thievery should not be prosecuted because it was a "crime of poverty."

"Igrew up with friends disappearing over charges like that (theft) and even if there is an
alternative [to incarceration, such as diversion programs, there is a] consequence of
disruption for the family. We need to asking, 'Does something make us safer?' And
prosecuting a young person, even if it doesn't end in incarceration [such as in diversion
programs], in my view does not make us safer," Bragg said. "I think we need to move away
from what I would call a crime of poverty."

Bragg was speaking to a group from Young New Yorkers in May 2021. The organization
"applies a racial justice framework to… all levels of operations" as it diverts individuals
facing charges under the age of 25 from the criminal justice system.

Bragg said his overall intention was to "Shrin[k] the footprint" of the criminal justice
system.

He has since been criticized for taking a soft-on-crime approach as Manhattan's top
prosecutor.

Fox News Digital's Danielle Wallace and Hannah Grossman contributed to this report.

Chris Pandolfo is a writer for Fox News Digital. Send tips to chris.pandolfo@fox.com and follow him
on Twitter @ChrisCPandolfo.

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