NY DA Bragg Charged Victim in Bodega Attack, but Won’t Charge Woman Who Stabbed Him 3 Times

In this new world of woke progressive prosecutors like Chesa Boudin and George Gascon, those of us who live in deep blue jurisdictions are used to seeing violent criminals walk away from their crimes and hardened cons with endless rap sheets committing atrocity after atrocity with seemingly little consequence. Luckily, San Francisco District Attorney Chesa Boudin has been recalled, and Los Angeles DA Gascon is hopefully following in his footsteps, but New York is still left with Manhattan DA Alvin Bragg.


RedState’s Streiff brought you the story of the bodega worker who fought for his life in a vicious attack and was promptly rewarded with murder charges from Bragg’s office. The worker, 61-year-old Jose Alba, was given $250,000 bail and shipped off to Riker’s Island. A judge later reduced bail after public outcry, but he never should have been charged in the first place.

This was a clear case of self-defense. Even Mayor Eric Adams agrees.

Now the story gets worse, as we learn that the attacker’s girlfriend—who incited her boyfriend’s assault—stabbed the bodega worker three times during the melee, but won’t face charges. Why? Bragg’s office found that she was acting in “self-defense.” You can’t make this stuff up.

According to the NY Post:

“The DA’s office looked at the tape, and they felt she was defending her boyfriend,” a cop with knowledge of the situation told the newspaper. “They didn’t feel charges were necessary.”

This is lunacy; George Soros must be so proud. You attack someone, and when they fight back, you get to claim self-defense for assaulting them?


Streiff sums up the events for us:

Alba was a clerk in the store working Friday when a woman tried to buy a bag of chips using her EBT card. She didn’t have enough money on the card to purchase the chips, so she called on her boyfriend, Simon, to fix her lack of funds by roughing up Alba and getting her the chips. Simon, whose occupation as far as I can tell was “violent ex-con,” felt up to the task.

Here’s what happened next, according to my colleague Levon Satamian:

Her boyfriend, Austin Simon, an ex-con and career criminal, went behind the counter to confront Alba. Simon shoved Alba, grabbed Alba from his collar, and began walking with Alba in front of him. But Alba seemed to have grabbed a knife, and when he stood up, they continued fighting, but he quickly turned around and stabbed Simon.

Simon did not survive. As more information has come out, and people have had time to scrutinize the video, it became clear that the woman stabbed Alba:

The decision not to charge her has brought outrage:

“I don’t understand why the [district attorney] hasn’t charged her,” Francisco Marte of the Bodega and Small Business Association Group said outside Alba’s Hamilton Heights apartment after visiting the worker Monday.

“She participated in that. She’s supposed to be in jail and the $250,000 bail [Alba once faced] should be on her, not on him. He was just defending himself.”


Former Bronx prosecutor and current defense lawyer Michael Discioarro wholeheartedly agrees:

I have no idea why she’s not charged. Her boyfriend was the aggressor. She does not get to protect the aggressor.

We’re getting a good look at how the system works for the average person. Imagine if there was no video. Jose Alba would never be released from Rikers, and [Simon’s girlfriend] would testify against him, likely perjuring herself.

On Monday, Alba spoke for the first time since the awful event, and it’s as heartbreaking as you would imagine. “I’m very sad. I didn’t think this would happen,” he said in Spanish. “At the moment I was in shock. I didn’t know what to do and what to say.”

The antics of woke, progressive, Soros-backed district attorneys continue to amaze and disgust. They routinely ignore victims, protect criminals, and contribute to the lawlessness so many people feel has taken over our society. Adios to Boudin and Gascon—now it’s time to get rid of Bragg.



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