DA Bragg sued by Bodega clerk he wrongly charged with murder for defending himself


A Soros-backed DA found himself on the receiving end of the justice system as a former bodega clerk doubly victimized by leftist policies filed suit for racial discrimination.

Jose Alba, a New York City bodega worker who became the focus of a national news story in 2022, has set his sights on taking Manhattan District Attorney Alvin Bragg to court after his acting in self-defense resulted in murder charges.

Filed in U.S. District Court for the Southern District of New York, Fox News reported that Alba had demanded a jury trial against Bragg and his co-defendants seeking compensation for charges the plaintiff asserted had been racially motivated.

“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 filing stated.

As reported in July 2022, 35-year-old Austin Simon and his girlfriend, Tina Lee, had entered the bodega where Alba worked where a conflict ensued. Surveillance video showed the clerk, in his sixties, get stabbed during the encounter that resulted in his fatally stabbing Simon.

“Despite the fact that Simon and Lee were the initial aggressors, it was Plaintiff who was arrested, incarcerated, and wrongfully prosecuted,” the complaint asserted. “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.”

“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 filing indicated.

“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,” the document added of the bail set initially at $250,000.

Along with Bragg, the complaint listed NYPD Det. William Garcia and Department of Corrections Commissioner Louis Molina as well as a score of unspecified members of the police force connected to the initial arrest as defendants.

Noting that Alba had signaled his intent to sue the city in February, the man’s attorney Richard Cardinale told Fox News delays had stemmed from an attempt at a pre-lawsuit settlement negotiation that ultimately failed.

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

The suit sought unspecified compensatory damages and punitive damages in addition to attorney’s fees and costs and any further relief deemed “just and proper” by the court.


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Kevin Haggerty
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