Crime Judge dismisses murder charge against bodega clerk who claimed self-defense in fatal stabbing

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A Manhattan judge dismissed a murder charge Tuesday against a bodega worker who fatally stabbed a man earlier this month in what the worker's legal team argued was a case of self-defense.

Jose Alba, 61, had been charged with second-degree murder in the killing Austin Simon, 35, on the night of July 1. Surveillance video of their confrontation shows Simon came behind the bodega counter and shoved Alba, who then grabbed a knife and stabbed Simon multiple times.

Alba's attorneys had argued that he acted in self-defense, noting the size and age difference between the two men.

"The video in this case speaks for itself: Mr. Alba was simply doing his job when he was aggressively cornered by a much younger and bigger man," Alice Fontier, a spokeswoman for Alba's attorney, said last week.


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Clear case of self defense the whole video on the CNN site is total BS. If the guy got away with it that is mafia kind of stuff if more people did not put up with that stuff there would be lots less crime. IMHO open and shut case. The girlfriend caused this, imho, she was the trigger, which happens all the time but if you watch the CNN video in the end the news guy makes the same conclusion. This stuff is tragic and happens daily. Just saying.
 
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