Bodega worker sues DA Bragg, NYPD for racial bias.
OAN’s Brooke Mallory
5:09 PM – Sunday, October 1, 2023
A former Bodega employee who stabbed an assailant in his store last year out of “self-defense” is now taking legal action against Democrat Manhattan District Attorney Alvin Bragg and the New York City Police Department, alleging racial discrimination.
The lawsuit, filed in Manhattan Federal Court on Friday, claims that Jose Alba, a former clerk at the Blue Moon Bodega in Harlem, was unfairly charged with second-degree murder and spent time in prison on Rikers Island due to Bragg’s efforts to promote “racial equity” in the criminal justice system.
“While in theory, Bragg’s ‘racial equity’ policies are a well-intentioned attempt by him to implement even-handed justice, the means and methods employed by Bragg have instead had an opposite effect and resulted in discrimination against certain defendants based on race,” the suit said. It also names NYPD Detective William Garcia with other arresting officers and detectives.
On July 1st, 2022, a verbal altercation between Alba, a 61-year-old Dominican immigrant, and Austin Simon, a 35-year-old Black ex-convict, escalated at the bodega. Simon allegedly threatened Alba’s life and a physical altercation ensued, resulting in Simon’s death and Alba’s arrest.
Despite Alba’s claim of self-defense, Bragg accused him of second-degree murder and set a high bond of $500,000. The court later reduced it to $250,000.
Unable to pay the bond, Alba was sent to Rikers Island where he experienced “inhumane and unconstitutional conditions,” according to the lawsuit.
Mayor Eric Adams and former NYPD Commissioner Bill Bratton criticized Bragg for imprisoning a working man who appeared to be defending himself and his store. After public outcry, Bragg dropped the charges on July 19th.
“My heart goes out to the employee who was in the store doing his job,” Adams said.
“I am hoping that we take all of that into consideration, as this hard-working New Yorker was doing his job, and someone aggressively went behind the counter to attack him,” he continued.
In addition to Bragg, the lawsuit also holds the city and Department of Corrections Commissioner Louis Molina responsible for the conditions at Rikers Island.
Alba is seeking compensatory and punitive damages, the amount of which will be determined by a jury.
The Manhattan DA is ”treating people differently and he’s hurting people,” said Rich Cardinale, an attorney representing Alba.
“We can’t keep pitting ourselves against each other based on race,” he continued.
A representative from the Manhattan DA’s office declined to comment.
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How does this lawsuit raise important questions about the balance between promoting justice and avoiding discrimination based on race in the criminal justice system
A Former Bodega Employee Alleges Racial Discrimination in Lawsuit against Manhattan DA Alvin Bragg and NYPD
In a recent lawsuit filed in Manhattan Federal Court, former Bodega employee Jose Alba is accusing Democrat Manhattan District Attorney Alvin Bragg and the New York City Police Department of racial discrimination. Alba, who stabbed an assailant in his store last year in what he claims was an act of self-defense, alleges that he was unfairly charged with second-degree murder and endured discriminatory treatment due to Bragg’s efforts to promote “racial equity” in the criminal justice system.
According to the lawsuit, Alba, a former clerk at the Blue Moon Bodega in Harlem, was involved in a verbal altercation with Austin Simon, a 35-year-old Black ex-convict, on July 1st, 2022. The altercation escalated, and Simon allegedly threatened Alba’s life, resulting in a physical altercation that ended in Simon’s death and Alba’s arrest.
Despite Alba’s claim of self-defense, Bragg charged him with second-degree murder and set a high bond of $500,000, later reducing it to $250,000. Unable to pay the bond, Alba was incarcerated on Rikers Island where he purportedly experienced “inhumane and unconstitutional conditions,” as stated in the lawsuit.
The lawsuit contends that Bragg’s “racial equity” policies, although well-intentioned, have had the unintended consequence of discriminating against certain defendants based on race. It also names NYPD Detective William Garcia and other arresting officers and detectives as defendants in the case.
Mayor Eric Adams and former NYPD Commissioner Bill Bratton criticized Bragg for imprisoning a working man who seemed to be defending himself and his store. Following public outcry, Bragg dropped the charges against Alba on July 19th.
The lawsuit holds not only Bragg but also the city and Department of Corrections Commissioner Louis Molina responsible for the alleged conditions at Rikers Island. Alba is seeking compensatory and punitive damages, the amount of which will be determined by a jury.
Rich Cardinale, an attorney representing Alba, stressed that the Manhattan DA’s actions have been detrimental and have caused harm to individuals, emphasizing the importance of not pitting oneself against others based on race.
This case raises important questions about the balance between promoting justice and avoiding discrimination based on race. While Bragg’s intent to achieve racial equity in the criminal justice system is commendable, it is crucial to ensure that such policies do not inadvertently lead to biased outcomes. As this lawsuit unfolds, it will be illuminating to see how the court addresses these complex issues and their potential impact on the pursuit of justice for all individuals.
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