Relatives of the ex-convict who entered a warehouse in Manhattan and was fatally attacked after assaulting the store clerk, the Dominican José Alba, seek to sue the owner of the warehouse where the incident occurred on July 1, according to US media.
“We intend to file a claim for damages as a result of the injuries sustained by our client,” reads the letter that arrived at the Blue Moon convenience store in Hamilton Heights from the attorney for David Simon, Austin’s brother. , who was stabbed to death by Alba in self-defense.
According to the statement dated August 22, the 35-year-old man was killed for “negligence on property, security, employee hiring, employee retention, employee training, and management of their facilities,” according to The Post. , who obtained access to the letter last Tuesday.
Kathleen Beatty, Attorney at the family Simon instructed the store owner to “preserve” evidence of the incident such as surveillance video, witness information and incident reports, and requested information about the store’s insurance coverage.
Francisco Marte, director of a warehouse association that has been linked to the case and has provided help to José Alba, said that the warehouse did not have insurance when the incident occurred, so there is no money to look for, he said, indicating that the family only seeks to “extort” the store owner.
Alba, 51, against whom murder charges were dropped in July, fears he will also be sued by the family Simon, expressed Mars.
On July 1, Alba was working behind the counter at the Hamilton Heights grocery store when she got into an argument with a woman because she couldn’t afford a bag of chips.
The woman then sent for her boyfriend, Austin Simon, 35, who came behind the counter and attacked Alba, prompting the worker to grab a knife and stab the man to death.
Alba called the police, and when they arrived, they arrested him on second-degree murder charges, sparking a wave of protests from his supporters, including Mayor Eric Adams and former NYPD Commissioner Bill Bratton, who he said the stabbing was committed in self-defense.
He was locked up on Rikers Island but was soon released when prosecutors agreed to lower his bail from $250,000.
Still, even while out on bail, Alba was unable to return to work at the warehouse because her managers worried that her life was in danger and that the family de Simon might try to attack him at the store, they said in July.
On July 19, Manhattan District Attorney Alvin Bragg finally agreed to drop the charges against Alba, admitting there was insufficient evidence to prove the worker was “not justified in his use of deadly physical force,” he wrote. your office on a motion.
After the decision, Alba told reporters she was feeling “sort of” and soon fled upstate to get away from the spotlight and clear her head, Marte said.
The winemaker’s leader, when asked about Alba’s physical recovery after being stabbed during the melee, said the man’s injuries “are going well.”
“They are not completely healed,” Marte said. “The scars will be there for life. It will be a reminder of what happened and the tragedy that he went through.”
Alba could not be reached for comment.