Bodega Worker Who Fatally Stabbed Attacker Has Murder Charges Dropped

Murder charges against a New York City bodega worker will be dropped, according to a filing by the Manhattan District Attorney's Office.

Jose Alba, 61, was charged with second-degree murder following a July 1 encounter with a man while he was working the counter at the Blue Moon convenience store in Hamilton Heights.

Austin Simon, 35, allegedly attacked Alba after the clerk took a bag of chips away from his girlfriend's daughter after her electronic benefits card was declined. Simon came into the store and demanded an apology, eventually going behind the counter and grabbing Alba by the collar. As the confrontation escalated, Alba grabbed a knife and stabbed Simon. Investigators determined that Simon was unarmed.

As his story spread, calls began to amplify for the charges against Alba to be dropped, based on the belief that he acted in self-defense. Despite Simon being unarmed, Alba and his supporters argued that he was clearly the aggressor and had the advantage of being younger. The calls grew even more pronounced after a security video was released showing the incident from a new angle in which Simon's girlfriend can be seen stabbing Alba's arm.

"He was put in a position where, he couldn't tell how it was gonna end," a translator speaking for Alba told CBS News. "He was just defending his life."

The news of the charges being dropped was reported on Tuesday morning by Fox News' Alexandria Hernandez on Twitter. The motion, later obtained by The New York Times, noted that the decision had been made to drop the charges since "a homicide case against Alba could not be proven at trial beyond a reasonable doubt." Original plans to put the case before a grand jury have been dropped.

Newsweek reached out to the Manhattan District Attorney's Office for comment.

In a statement on the district attorney's decision, Simon's family expressed disappointment after speaking with the office on Tuesday morning.

"We are all clearly disappointed and can't understand how it's OK to take an unarmed man's life," cousin Candra Simon said, according to the Times. "This decision sets a dangerous precedent."

Prior to the incident, Alba had no criminal record. Simon, according to Hernandez, was on parole for a previous charge of assault. Alba was released from Rikers Island prison after a week, once his bail was lowered from $250,000 to $50,000.