D.A. Drops Murder Charge Against Harlem Deli Clerk Jose Alba

HARLEM, NY — The Manhattan district attorney has asked a judge to dismiss the murder charge against Jose Alba, the Hamilton Heights deli clerk who fatally stabbed a customer earlier this month and ignited a citywide debate about self-defense.

An investigation determined that prosecutors "cannot prove beyond a reasonable doubt that the defendant was not justified in his use of deadly physical force," assistant D.A. Jennifer Sigall wrote in a motion to dismiss on Tuesday.

Alba, 61, knifed 35-year-old customer Austin Simon on July 1 inside the Blue Moon deli on Broadway near West 139th Street. Simon had gotten into a fight with Alba after the clerk took away a snack from his girlfriend's 10-year-old daughter when the girlfriend's malfunctioning benefits card prevented her from paying for the item, prosecutors said.

The girlfriend stormed out, warning Alba that Simon would return and "f--k you up," prosecutors said. Simon re-entered the store minutes later, walked behind the counter, shoved Alba against a wall and grabbed him by the collar, lifting him out of a chair and demanding that he apologize to the girl, prosecutors said.

Alba then grabbed a knife from behind the counter and stabbed Simon in the heart, lung and jugular vein. Simon was pronounced dead a short time later.

Alba was quickly arrested and charged with second-degree murder, spending five days on Rikers Island before posting bail. A chorus of support for Alba has grown in recent weeks, including from Mayor Eric Adams — especially after surveillance footage published by the Daily News appeared to show Simon starting the fight.

"I think it's time for New Yorkers and Americans to start standing up for people to follow the law," Adams said in a news conference outside the bodega days after the stabbing.

City officials and community leaders also began pressuring D.A. Alvin Bragg to drop charges against Alba, saying the video showed he was only defending himself.

The decision by prosecutors to drop charges won quick praise from local elected officials including U.S. Rep. Adriano Espaillat and City Councilmember Shaun Abreu.

"Today is a win, not only for Jose Alba and his family, but for the justice system as a whole," Abreu said in a statement. "The events of July 1st are tragic, and we must not forget that they highlight the critical need for public safety and investment in our communities."

The investigation by the D.A.'s office included interviewing civilian witnesses, police officers and EMTs, and the medical examiner — plus visits to the crime scene and an analysis of "extensive video evidence," prosecutors wrote.

In dropping the charges, prosecutors noted the age and height differences between the two men — Simon was 26 years younger and about five inches taller than Alba — as well as Simon's decision to corner Alba in a small area of the store, meaning he could reasonably fear for his life, according to the D.A.'s office.

An attorney for Alba did not immediately comment on the murder charge being dropped.

Simon's loved ones defended him in the days after the fatal clash, saying he was not a "monster" and had not been seeking out any confrontation that night. Alba, for his part, expressed regret over the stabbing, telling the New York Post that he "didn't want to do this."

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