City lawyers insist the Harlem bodega clerk who fatally stabbed a violent customer went overboard during the life-and-death struggle – contradicting Mayor Adams’ declaration that he was simply defending himself.
Jose Alba, 61, made international headlines in July 2022 when he was attacked by Austin Simon in a dispute over chips.
During the struggle, Alba grabbed a knife and fatally stabbed Simon, 35.
Man fatally stabs Queens pub employee in neck before stabbing himself: police
He was arrested and locked up on Rikers on a second-degree murder charge , which was dropped following an outpouring of support across the city.
In September, Alba filed a wrongful arrest suit against the city seeking unspecified damages.
He has argued in court papers there was zero reason to arrest and prosecute him over Simon’s death because he was acting in self-defense.