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.
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.
61-year-old bodega worker Jose Alba was attacked by an enraged career criminal, Austin Simon, who went behind the counter and choked him over a bag of chips. Alba defended himself, and Simon died. DA Alvin Bragg has charged him with murder. pic.twitter.com/FIfL1O1q7X— Ian Miles Cheong (@stillgray) July 7, 2022
“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.”