Murder charges have been dropped against a New York City bodega worker whose case entered the national spotlight earlier this month.
The Manhattan District Attorney’s Office announced that it was dropping the second-degree murder charge it had originally given store clerk Jose Alba, 61, for stabbing and killing Austin Simon, 35, on July 1.
The decision to dismiss the charges stated that “a homicide case against Alba could not be proven at trial beyond a reasonable doubt,” according to the New York Times.
Mr. Simon had gone behind the store’s counter and assaulted Mr. Alba, according to videotaped footage of the event that was repeatedly played on national news outlets and social media sites.
The incident started after Mr. Simon’s girlfriend attempted to buy chips from the store, but her EBT card was declined for insufficient funds.
She then went and got Mr. Simon, who was seen on surveillance camera going behind the counter and shoving Mr. Alba against the shelves.
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The video shows Mr. Alba attempting to walk out of the corner before Mr. Simon can be seen grabbing Mr. Alba’s neck from behind. That’s when Mr. Alba turned and stabbed Mr. Simon three times.
Mr. Simon, who had a lengthy criminal record, was taken to a nearby hospital where he later died.
Following the incident, Mr. Alba was hit with a second-degree murder charge, a $250,000 bail and was booked at Rikers Island, where he would spend a week behind bars.
The heavy charges against Mr. Alba — a man with no reported criminal record — by Manhattan District Attorney Alvin Bragg catapulted the story into national media.
Mr. Bragg is one of the progressive prosecutors who had campaigns bankrolled by George Soros and who frequently criticized over-sentencing and over-jailing.
Details later emerged that Mr. Simon was an ex-con who was out on parole for a previous assault. Mr. Simon’s girlfriend also appeared on surveillance video and seemed to stab Mr. Alba three times.
Mr. Alba eventually made bail when it was lowered to $50,000.
Members of the United Bodegas of America repeatedly lobbied Mr. Bragg to drop the charges against Mr. Alba.
• Matt Delaney can be reached at mdelaney@washingtontimes.com.
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