The charging of Jose Alba and the war on self-defense.
The war on self-defense continues, in New York City this time.
You know how it goes with these Soros-backed leftist DAs such as New York’s Alvin Bragg. When Bragg was elected in January, I wrote this post about his plans and what to expect. They’re the same sort of things we’ve become familiar with from the now-recalled Chesa Boudin of San Franisco, and from the hopefully-soon-to-be-recalled George Gascon of Los Angeles. In that post I mentioned that this was one of Bragg’s awful guidelines:
Armed robbers who use guns or other deadly weapons to stick up stores and other businesses will be prosecuted only for petty larceny, a misdemeanor, provided no victims were seriously injured and there’s no “genuine risk of physical harm” to anyone. Armed robbery, a class B felony, would typically be punishable by a maximum of 25 years in prison, while petty larceny subjects offenders to up to 364 days in jail and a $1,000 fine…
So recently Bragg finally found a criminal worthy of high bail and very serious charges: murder. Unfortunately – but not surprisingly – it was a grocery store worker defending himself against an attack:
Alba was manning the counter at Hamilton Heights Grocery on Broadway and West 139th Street Friday night when Austin Simon, a 35-year-old career criminal on parole for assaulting a police officer, stormed behind the counter and shoved him into a wall, surveillance video shows.
The ex-con then grabbed Alba as the frightened clerk tried to get past him — getting his hands on a knife and plunging it into Simon at least five times.
During the fight, Simon’s girlfriend allegedly pulled a knife from her purse and stabbed Alba three times in the shoulder and hand, according to his attorney.
She has not been charged, with the DA’s office saying only “we are continuing to review the evidence and the investigation is ongoing.”
She’d only be charged with a misdemeanor according to Bragg’s guidelines anyway, right?
I’ve read several articles about the incident, and it appears to have begun when the girlfriend tried to buy a bag of potato chips and her EBT debit card was declined. She left the store and called boyfriend Simon for assistance. He came and assaulted the older, smaller man, who grabbed a knife and stabbed Simon during the fight while Simon was apparently trying to drag him out of the store. There are also reports that the girlfriend stabbed Alba in the arm with another knife; I’m not sure what the time frame was for that, before or after or during the stabbing of Simon. The entire episode was captured on store security tape and can be viewed at many of the articles.
Originally, Bragg’s office asked for sky-high bail of $500,000; it was set at $250,000 and later, after an outcry, reduced to $50,000 of which only $5,000 had to actually be posted. Alba was freed with an ankle bracelet. Alba has no prior record, but note that Simon, the dead man, was out on parole after being charged with assaulting a police officer.
I don’t think that a grand jury would be likely to indict Alba for this, even in New York, and if indicted I don’t think a jury would convict him. Even the mayor has taken Alba’s side – although he also refused to condemn Bragg.
New York, unlike California, doesn’t have a recall provision for DAs. But there is a way to remove Bragg, although it’s not in Adams’ power. It’s in the hands of the governor, who happens to be the abominable Hochul. This was a campaign issue even prior to the Simon killing, and Hochul’s opponent Lee Zeldin is making sure the public is aware of it:
Among those who slammed Bragg on Thursday was Republican Gubernatorial candidate Lee Zeldin.
‘My first Day 1 action as Governor next January will be to fire Manhattan DA Alvin Bragg,’ he said.
The arrest and high bail of Alba was deliberate on Bragg’s part, meant to intimidate anyone with the temerity to defend himself or herself. If Bragg is allowed to remain in office, this sort of thing will recur. There’s a definite pattern, and it’s the same pattern that emerged years ago in Britain in order to discourage self-defense. We have a more robust self-defense tradition here than there, however, and that persists to a certain extent. But Bragg seems quite determined to end it.
That tradition of self-defense is reflected at least somewhat in a bipartisan call from some NY politicians asking Bragg to drop charges against Alba:
The bipartisan group of City Council members said the DA’s controversial, progressive approach to law enforcement was “rewarding the guilty and punishing the innocent.”
“The fact that you are even prosecuting Mr. Alba reveals how your perverse sense of justice not only protects violent criminals, but actively seeks to destroy the lives of crime victims,” the lawmakers wrote Bragg on Thursday…
“You are simply rewarding the guilty and punishing the innocent.”…
The letter was signed by Councilmembers Robert Holden (D-Queens), Joe Borelli (R-Staten Island), Inna Vernikov (R-Brooklyn), David Carr (R-Staten Island), Kalman Yeger (D-Brooklyn), Joann Ariola (R-Queens) and Vickie Paladino (R-Queens).
Two of the signers are Republicans from Staten Island, the only reddish borough in New York City, and the smallest. One of the signers, a Republican from Queens, is none other than Vickie Paladino. I covered her in this post from two years ago. She wasn’t a City Council member then, but apparently she is now. Extremely feisty lady.