The thug he killed was out on parole for assaulting a police officer.
In New York, as in all states, citizens have a right to defend themselves against attack. We call it justification defense and it must also be disproven by the prosecutor at trial once it is raised.
This is a case that cries out for justice for the accused. Jose Alba was sitting in his store working and was no harm to anyone. Then the perpetrator came behind the counter and attacked him. The judge will instruct the jury that if they find Mr. Alba’s actions reasonable, they can find him not guilty based on justification.
Under our law, a person may use deadly physical force upon another individual when, and to the extent that, “he/she reasonably believes it to be necessary to defend himself/herself [or someone else] from what he/she reasonably believes to be the use or imminent use of [unlawful] deadly physical force by such individual.”
Are the actions of Mr. Alba reasonable? Of course they are. Mr. Alba was attacked; he was not the aggressor. The attacker came behind the counter to attack him. The attacker was bigger, younger and stronger. A reasonable person would have believed he was in imminent threat from an attacker who kept coming. To those who disagree, I ask: what should have Mr. Alba have done? There is no time to call the police and no assistance was coming from anywhere.
It is truly shocking that the DA has decided to prosecute Mr. Alba for defending himself in a clear-cut case of self-defense Fortunately, we will have a jury that will make things right.
In the current environment, bodegas and retail stores have become open targets for shoplifters and those seeking to hurt store employees. There is no fear of any consequences because the police have made these cases a low priority. And this is the result of a misguided policy. Mr. Alba and others like him have had to step into the breach and protect themselves. The right to defend ourselves is a long-established right that goes back to the earliest codification of criminal law.
When the police will not act, when the DA’s Office has taken the side of the attackers, what is one to do?
Simon decided to assault Alba for refusing to allow Simon’s girlfriend to steal a bag of potato chips without paying.
Sucks to be him.
Alvin Bragg, the Prog DA in question, has a history of going easy on career criminals saying, “We know that our first civil right is the right to walk safely to our corner store….But we also know that safety has got to be based in our community and fairness. It cannot be driven solely by incarceration.” In defense of his tepid approach to punishing criminals, the new D.A. said: “This is going to make us safer. It’s intuitive. It’s common sense. I don’t understand the pushback.” When asked during a January 2022 interview with Fox News if his policies would “give criminals a green light,” Bragg answered: “No, I mean, it at least depends upon your definition of a criminal. And for all too long we’ve kind of dealt with this othering of anyone we put in jail is a criminal.”
He shares a mindset with other liberal DAs who think incarcerating criminals is counter productive.
But they’re pissed because a guy making an honest living had to defend himself from an animal.