Bodega Clerk Charged With Murder After Stabbing Attacker in Self-Defense to Testify at House Judiciary’s NYC Field Hearing

Manhattan District Attorney Alvin Bragg speaks during a press conference following the arraignment of former U.S. President Donald Trump in New York City on April 4, 2023. (Kena Betancur/Getty Images)

The House Judiciary Committee will hear from victims of violent crime in New York City, featuring as one of its main witnesses a bodega employee charged with murder while acting in self-defense.

The former bodega employee, Jose Alba, who was assaulted behind the counter on July 1, 2022, will testify before the committee regarding Manhattan District Attorney Alvin Bragg’s policies during an April 17 hearing.

Alba is expected to testify that Bragg’s policies have contributed to rising crime and made residents feel insecure during the hearing entitled “Victims of Violent Crime in Manhattan.”

Madeline Brame, chairwoman of the Victim Rights Reform Council and mother of a homicide victim, and Jennifer Harrison, an advocate for victims’ rights in New York, will also provide testimony.

Republicans said the hearing “will examine how Manhattan District Attorney Alvin Bragg’s pro-crime, anti-victim policies have led to an increase in violent crime and a dangerous community for New York City residents.”

The charges against Alba were dropped several weeks after being filed, following widespread outrage over what was seen by many as self-defense.

Alba, 61, killed Austin Simon, 35, after Simon shoved Alba and stood over him while Alba was sitting against the wall. Alba tried to get past Simon, which could be seen in the video, but eventually grabbed a knife and stabbed Simon several times.

“Following an investigation, the People have determined that we cannot prove beyond a reasonable doubt that the defendant was not justified in his use of deadly physical force,” said a motion filed on July 19 by Bragg’s office.

“As such, the People will not be presenting the case to a Grand Jury and for the reasons provided in the attached memorandum, hereby move to dismiss the complaint.”

Bragg has been consistently in the headlines due to his involvement with the indictment against former President Donald Trump.

Since that time, the House Judiciary Committee, which Republicans currently control, has chosen to investigate some of Bragg’s policies.

The Manhattan district attorney has sued the committee chair Rep. Jim Jordan (R-Ohio), alleging the Republican member has launched a campaign meant to intimidate him.

Jordan, a Republican, has launched “a transparent campaign to intimidate and attack District Attorney Bragg, making demands for confidential documents and testimony from the District Attorney himself as well as his current and former employees and officials,” Bragg, a Democrat, claimed in the new suit, lodged in federal court in New York on April 11.

However, U.S. District Judge Mary Kay Vyskocil, a Trump appointee, turned down Bragg’s emergency request for a temporary restraining order and preliminary injunction against Jordan.

“The Court declines to enter the proposed Temporary Restraining Order and Order to Show Cause,” Vyskocil said, noting that she had not yet received several documents that were referenced in Bragg’s filings.

Despite her rejection of Bragg’s request, she has ordered Jordan and other defendants in the case to respond to the lawsuit and scheduled a hearing for April 19.

Zachary Stieber contributed to this report.