Graphic Video: NYC Bodega Worker Being Charged w/ Murder for Stabbing Ex-Con

A 51-year-old bodega worker in New York City is facing murder charges following a July 1 incident that left an ex-con dead. 

Jose Alba, the bodega worker, was confronted by 34-year-old Austin Simon inside a Manhattan deli when the altercation turned physical. 

Surveillance footage shows Simon putting his hands on the older man while he was sitting down behind the counter.  

Alba responded by drawing a knife and stabbing Simon multiple times in the shoulder and chest.  

Simon, who was out on parole after spending a stint in jail for assaulting a police officer, would not survive.  He was pronounced dead at a local hospital. 

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Manhattan District Attorney Alvin Bragg has charged Alba with second-degree murder.  He is currently being held at Rikers Island.  Bail has been set at $250,000.

A criminal complaint obtained by Fox News Digital indicates that the deadly use of force happened around 11 p.m. on Friday after the sale of a bag of potato chips was declined.  

Simon’s girlfriend was allegedly buying the potato chips for her daughter but didn’t have enough money to complete the transaction. 

“Informant observed the defendant reach over the counter, grab her daughter’s hand, and seize the item from her daughter’s hand after the transaction was declined,” the complaint read.  “Informant then left the store and informed her boyfriend, Austin Simon, of the clerk’s actions, and returned to the store with Mr. Simon, who went behind the counter of the store to confront the clerk.”

The complaint also notes that Simon’s girlfriend tried to push Alba off and failed to do so.  She then retrieved her own knife and stabbed Alba in the arm. 

“We are continuing to review the evidence and the investigation is ongoing,” a spokesperson for the Manhattan District Attorney’s Office told Fox News Digital

If found guilty, Alba could face up to 25 years behind bars. 

Alba’s daughter Yulissa told the New York Post that her father acted in self-defense.  

“He’s never hurt anybody. He’s never had an altercation where he had to defend himself,” she said.  “This is the first time for him.” 

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About the author: S.H. Blannelberry is the News Editor of GunsAmerica.

{ 71 comments… add one }
  • Hondo July 11, 2022, 3:29 pm

    Stab, stab, stab to my lu, that’s some good stabbing right there. One less thug terrorizing people anymore.

  • VagabondSteve July 10, 2022, 5:10 pm

    Sad Alba will be put through the system money grinder.

    The next thing you know OSHA inspectors will visit that business to cite the owner for creating a hostile work environment for the thugs just practicing their chosen profession….

  • Navyman74 July 10, 2022, 7:54 am

    Self Defense, if I have ever seen it

  • chupakis July 9, 2022, 11:10 am

    Does this mean Mr. Simon’s cancer research efforts are curtailed?

  • paul I'll call you what I want/1st Amendment July 9, 2022, 5:07 am

    Guess ny will ban knives now, or at the very least require a background check to protect yourself…

  • CornPop July 9, 2022, 12:04 am

    Another act of senseless “Potato Chip” violence. We need to ban all “Potato Chips” NOW!

    • KC Jailer (sire/your majesty) July 11, 2022, 9:56 am

      Nah, we need to ban assault-style thugs with low capacity braincases

  • John July 8, 2022, 8:24 pm

    Dead guys family should have to pay to clean & sharpen this gentlemen’s blade.

    • Ej harbet July 11, 2022, 7:14 pm

      In addition to other reparations.
      They made the thug and they need to pay the cost.
      And no one’s saying anything about Mrs stabby. How ironic it would be if she provided Mr alba the knife he used to make her boyfriend into a good thug.

  • WyoMilGen1 July 8, 2022, 7:12 pm

    Easy math equation: Fewer Criminals = Less Crime! The store clerk/owner just improved the odds for everyone else in NY! He SHOULD be rewarded with a Bounty! But, we are talking about NY! The HERO gets arrested and the Thug will get a State Funeral!

  • ERRN62 July 8, 2022, 3:50 pm

    I would love to see the comment by the DA regarding this. Anybody see it? The worker did what needed to be done- scumbag should never have gotten out of jail.

  • Dennis Penning July 8, 2022, 3:42 pm

    SELF DEFENSE 100%

  • william marzano July 8, 2022, 2:12 pm

    Here in Fl. DeSantis might haved pinned a metal on him

    • Matthew July 8, 2022, 5:32 pm

      That is clearly self defense!!!!!!

  • A Landmesser July 8, 2022, 2:04 pm

    This thug is not an ex-con anymore than anyone is an ex-child molester. NYC is a cesspool. Was the Amish thug’s girl friend charged for assault? Bet not.

    These Lefturds want America to be destroyed. They all need to be sent to Venezuela or Cuba.

  • Robert Boitt July 8, 2022, 1:57 pm

    NYC DA needs to be removed!
    This was clearly self defence.
    Thug got what he deserved. Hows that “Woman” feel now, talking her man into violence?

  • BullDurham July 8, 2022, 1:46 pm

    C’mon, folks. Open and shut two-count crime for NYC: 1) defending yourself, and 2) stopping a criminal from conducting his approved (at least, by the NYC DA) business.

  • kjj July 8, 2022, 1:28 pm

    Good for Alba this guy he stabbed could have had a gun or a knife or just beat Alba to death. I would have done the same thing but here in Kansas we pull out our legal statewide concealed carry

  • W July 8, 2022, 12:59 pm

    And this is one of the reasons I refuse to go to NY and allow them to make a dime off of me.

  • EasyEddie July 8, 2022, 12:02 pm

    Looks like a prima facia case of self defense to me…but, it’s New York City, where they don’t like knives either. For that matter, I don’t believe they care for self defense either. I hope this gentleman gets competent counsel.

  • Mike Beeny July 8, 2022, 11:37 am

    Looks like he got what he deserved! Give the store owner a medal. What the hell is wrong with NY DA? He should be charged and the people of NYC should be in the streets protecting this man!!!

  • Chief July 8, 2022, 11:33 am

    Nicely done, Jose. Glad you’re okay.

  • Mac July 8, 2022, 11:21 am

    Such a crazy-woke charge against this clerk…was totally justified and BRAVO to him for his courage and action. Might add that while the story says he was “sitting down behind the counter”…it doesn’t say that he was shoved backwards and down by the culprit…reason he was sitting. Love (not) how the media leaves out details and context. Also, looks like Alba quickly grabbed a knife (a big one!) off the counter but couldn’t see it laying there in the video before he grabbed it…it just sort of magically appeared in his hand…thankfully.

  • Steve July 8, 2022, 11:07 am

    Should’ve used Raid on that cockroach. Would’ve killed him faster.

  • Alan1018 July 8, 2022, 10:51 am

    Arrested, NY has no idea how to treat crime victims he was defending himself from an assault by a younger man. NY only knows how to coddle criminals. He should be released immediately and given a community service award for taking a career criminal off the street.

  • George July 8, 2022, 10:39 am

    Looks like criminal trespass, as he went behind the counter, premeditated assault, attempt at kidnapping, not letting him out, threats upon his person , clear in the video and enough information for the clerk to presume he would be beaten down and possible killed. Thereby with that intent he had a right to reasonable force, as he is over twice the assailant’s age and in poor physical condition he would have to reach a weapon to protect himself and he did. Once he did that it appears the assault continued so he couldn’t stop where he was at that point but had to continue forward to protect himself.

  • ken July 8, 2022, 10:22 am

    this is the same soros dA that refuses to arrest shoplifters ect…da alvin bragg he a lyer,he is a rich bratt..he is soft on crime.but you cnt defend yourself in its town..This is just another case of liberal da protecting thugs over lawfull small store owners..YOU SHOULD always have the right to defend yourself..da bragg needs to go..Good luck SIR

  • LJ July 8, 2022, 10:17 am

    If the ultra-liberal DA’s and the revolving door justice system would do their jobs repeat offenders like this POS would not be out on our streets to terrorize the citizens of our great country. This guy had a violent past. The Bible warns; “you live by the sword, you die by the sword”. Unfortunately the DA is going to make it hard on this gentleman and put him through the ringer as they say, but he’ll be acquitted. Doubtful this case will even make it past the grand jury. Unless of course it’s a bunch of BLM, ‘woke’ libatards, that think this BLM type had his rights violated by having a knife plunged into his neck in response to attacking this man.

  • Pete Faz July 8, 2022, 9:36 am

    Maybe vigilantism needs to make a come back

  • Frank July 8, 2022, 9:30 am

    Really a shame that it wasn’t Alvin Bragg assaulting this store clerk.

  • Silvio July 8, 2022, 9:29 am

    To charge that old man who was defending himself after having been put in a corner and shoved and manhandled and in fear for his life by that crazy person, is totally insane. That was in my humble opinion totally self defense. I don’t think that, that prosecutor can find a jury of his peers to convict him.

  • Bill July 8, 2022, 9:28 am

    Looks like a “Go Fund Me” page is in order. He will need a good lawyer when the Criminal Loving Lib DA gets done. Even with the obvious video.

    • Stan d. Upnow July 8, 2022, 12:04 pm

      There was a GoFundMe page up for Alba, but the scum that runs the site removed it!

  • Abnormal July 8, 2022, 9:26 am

    Everyone gets a trophy

  • survivor50 July 8, 2022, 9:19 am

    Manhattan District Attorney Alvin Bragg…

    Why is EVERY OFFICIAL in the WHOLE country a BLACK ACTIVIST ???

    Any one ??? … anyone at all ??? ( crickets… crickets…)

    Yeah … I thought so… nobody DARES say it !!!

  • Rob July 8, 2022, 9:18 am

    With any luck, it won’t even make a summary judgment. It should be dismissed.

  • Eric July 8, 2022, 9:18 am

    This is the tactic the liberal DA’s will take against lawful concealed carry holders that use their weapons in self defense. The victim will be charged with a crime while they fail to enforce gun laws against criminals and continue to release violent cons.

    • Stan d. Upnow July 8, 2022, 12:11 pm

      It’s the Progressive-Socialist way. Straight out of the Commie playbook to sow chaos, fear and social upheaval.
      At the same time, get rid of citizens’ firearms to preclude successful nullification of the useful criminal element, and even more importantly, to prevent any chance of armed rebellion when their final push for totalitarian control is effected.
      Are you Now seeing the light?

  • ROBERT July 8, 2022, 9:08 am

    LEAVE IT TO A WOKE ADMINISTRATION TO CHARGE THE WORKER WITH MURDER.
    They should have given him a commendation!

  • tom July 8, 2022, 9:08 am

    Self defense!!! Maybe more of this type of self protection happens less punks like this will think twice! Sorry for the loss of any life but this will make stupid people make better decisions

  • John Hill July 8, 2022, 9:07 am

    In NY like CA, leftist DA’s don’t prosecute criminals anymore who are “socially oppressed.” Drug dealers and punk go free with some being arrested weekly, daily. Unfortunately NYC is a sewer!!! Right now NY with CA is turning into the psycho sate from hell based on the British Commonwealth model: Britain, Canada and Australia where people can’t own guns and if they do, they are not allowed to defend themselves. Despite the fact that SCOTUS just affirmed the constitutional right to defend ourselves in public, the anti American anti constitution and anti democratic leftist psycho degenerate metro culture doesn’t see it that way. That group sees it as their duty to oppose the constitution and any law they see as socially oppressive.

  • Nicholas July 8, 2022, 9:03 am

    According to FOX News, the Bodega Association has reached out to the NRA. Why?
    The NRA is in large part to blame for much of the gun control issues we have today. We have certain unalienable rights “endowed by [our] Creator.” That is the doctrine of this nation prescribed in “A Declaration”.
    On the other hand we have a Constitution that defines the workings of a nation of sovereigns. While certain sovereign powers are delegated to agencies of government, sovereignty remains with the people. In order for the people to maintain their sovereignty over the State, the militia was instituted as the ultimate authority “to execute the Laws of the Union…” However, the people themselves were unwilling to perform the required Duty to maintain the militia. In 1939, the S.Ct. ruled that the purpose of the 2nd was to endure the militia. The NRA could have started from precedent, educated the people of their power over the State, and stopped gun control. Instead, they assisted in passing acts that disarmed the people, and allowed for unconstitutional agencies to grow and build in unlawful power over the people.
    The NRA could be telling their membership, and anyone else who will listen, if you don’t want to perform the militia Duty commanded by the Constitution, we’re fighting a losing battle here. Particularly now, with outside pressure to disarm America from statists around the world.

    • Reginald Hafner July 8, 2022, 3:59 pm

      There is no duty to join a militia. The right is an individual right confirmed by the US Supreme Court.

  • Boz July 8, 2022, 9:02 am

    Looks like self defense, a good stabbing. Society is a little better off now.

  • El Zorro July 8, 2022, 8:57 am

    In the early days of Communism in Russia, the Bolsheviks suppressed the Kulaks (middle class farmers and businessmen) by systematically assaulting and murdering them in public. Kulaks were prohibited from defending themselves with anything but a knife and then, only after the Kulak was seriously wounded. In NYC, apparently the Kulaks don’t even have that much of a right to self-defense, so well done!!

    We The People better wake up and crush the reprobates who wish to fundamentally transform our country into a freak show!!!

  • Stan d. Upnow July 8, 2022, 8:57 am

    Check-out who the prosecutor is. Then look at Simon. Surprised that Alba was arrested & charged?
    If things were reversed, Simon would never have been charged. Or, if he was, he’d be out of custody within hours without bail. It’s NYC, what else do you expect?

  • Rozzie Bo July 8, 2022, 8:56 am

    Looks like self inflicted stab wounds to me.

  • Bill K July 8, 2022, 8:56 am

    Liberals are always on the side of the criminal. They love being reminded of their own anger.

  • Jim Sears July 8, 2022, 8:54 am

    So, the daughter says, “He’s never hurt anybody. He’s never had an altercation where he had to defend himself,” “This is the first time for him.”….. But he was out of jail on parole for assaulting a police officer?

    Gives me a break. This guy was a thug who had every intention of doing harm to the older man and got just what he deserved. Either the liberal DA didn’t bother to watch the video or he is totally blind. The man will never be convicted. Absolutely, 100% self defense.

    • Stan d. Upnow July 8, 2022, 12:15 pm

      Correction: That quote you posted from the daughter… that was Alba’s daughter talking, No relation to the dead perp.
      Get your facts straight.

    • Tat2dMF’r July 8, 2022, 12:21 pm

      Uh, the old fella who defended himself is Alba

    • Guy July 8, 2022, 12:35 pm

      Jim, the daughter interviewed is the daughter of the stall holder – not the idiot who assaulted him and died as a result.

      A grim business, but since everything points to reasonable self defense hopefully the charges will be dropped, or if it comes to court he will be acquitted.

      This is a clear case for those of us who support the 2nd to rally around.

  • Heinz July 8, 2022, 8:53 am

    Looks Like the DA need a refresher course in what is defined as SELF DEFENCE, He needs to be voted out. That man is clearly NOT GUILITY>

  • erik July 8, 2022, 8:48 am

    go to trial and demand a jury. no one in their right mind would charge this man for defending himself against a scumbag like that. f that POS. he deserved what he got.

  • Xdemonrat July 8, 2022, 8:26 am

    Looks like a pretty good job of self-defense by the old man from a black punk to me.

    I’m sure the Leftists will see it another way.

    • Stan d. Upnow July 8, 2022, 9:05 am

      Righteous street justice. Some years ago the cops would’ve reviewed the circumstances on scene and told Alba he did good. Today, the criminals are supported by the corrupt Progressive-Socialists, and legitimate citizens are prosecuted if they Dare to defend themselves. If Simon had been white, Alba would never have been charged and the media would give it 5 seconds of coverage.

  • Ole Da Hammer July 8, 2022, 8:26 am

    So, the guy tries to choke the defendant (A lethal action) and the man is not allowed to defend himself with lethal force at that point to DEFEND HIMSELF against a much larger and much younger person? REALLY? So, the older gentleman was just supposed to let the guy choke him to death?? This is INSANE.

    • Stan d. Upnow July 8, 2022, 9:06 am

      No, this is NYC today.

  • George July 8, 2022, 8:26 am

    Justifiable response related to self-defense. In addition, I would award the store worker for his public service. That POS ex-con will not be attacking another innocent store worker.

  • Dr Motown July 8, 2022, 8:14 am

    Classic case of self defense….anywhere but crazy NYC🤷‍♂️

  • Neal R. Miller July 8, 2022, 8:04 am

    This is what you get when you vote for the commie liberal democrats like: AOC and hillary clinton.
    That is why I live in the FREE STATE of FLORIDA, STAND YOUR GROUND BABY!

    • Stan d. Upnow July 8, 2022, 9:13 am

      There are some areas of FL that are similar to NY. I know; I lived there. Broward county, for example. A classic case of Liberals moving to a new state and ruining it with the same screwed-up mentality that ruined the place they moved from.

  • Willie-O July 8, 2022, 7:59 am

    Exactly what I would expect from a liberal shithole like NY. I feel sorry for anyone that is trapped by circumstance, simply can’t leave and has to live there. As for those that could leave, but CHOOSE to stay ? Just further proof that liberalism is a mental disorder.

    • Stan d. Upnow July 8, 2022, 9:17 am

      Sean Hannity always bemoans the fact that he lives & works in NY. Always talks about leaving, but doesn’t. I’m tired of his hypocritical BS. He’s only in it for the money.

      • Aquaman July 8, 2022, 11:06 am

        100%

      • Hondo July 8, 2022, 6:26 pm

        Ole Hannity is a joke , Rush hi tailed it out there for Florida and still was audited for years by the shit bags in NY, disgraceful creeps that run that crap hole that is NY.

  • TSC July 8, 2022, 7:43 am

    not guilty

  • Douglas Ott July 8, 2022, 7:43 am

    It looks to me like a little old man defended himself against a larger, more powerful attacker.

  • Fal Phil July 8, 2022, 7:43 am

    We cannot have the plebes defending themselves like this. It is better just to let them get beat up or killed. /s

  • Mark July 8, 2022, 7:25 am

    You notice at around 28-29 seconds in on the video the old guy tries to walk away from the confrontation, but the guy attacks him a second time. The punk should have never gone BEHIND the counter to attack the old guy.

  • Noraad July 8, 2022, 4:17 am

    not guilty

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