Bragg(ing) Rights:  Victims Pay the Price

Bragg(ing) Rights: Victims Pay the Price

Ariola represents City Council District 32

By Joann Ariola

By now I’m sure that you’ve all heard about the case of Jose Alba. For those who haven’t, let me summarize it for you.

Mr. Alba is a 61-year-old immigrant from the Dominican Republic who has worked as a clerk at a Manhattan bodega for the past several decades. On Friday, July 1, an ex-convict out on parole after serving time for assaulting a police officer barged into the bodega, irate over a dispute Mr. Alba had with the ex-con’s girlfriend over a bag of chips. The girlfriend, according to available information, tried to buy a bag of chips with a card that didn’t have any money on it. When Mr. Alba didn’t give her the chips, she called her boyfriend.

The boyfriend stormed behind the counter as the clerk shouted “I don’t want no problems,” and shoved Mr. Alba into a wall. The 61-year-old fell into a chair while the ex-con towered over him. Alba then attempted to flee, but the career criminal grabbed him by the shoulder, and Alba grabbed a knife frequently used to open boxes. The two tussled and Alba stabbed the ex-con. During the fracas, the girlfriend who caused the melee took out a knife of her own and stabbed Mr. Alba in the arm.

By the time it was all over, the assailant was dead and Mr. Alba was hauled off in cuffs to face a charge of second-degree murder.

Let me be clear: Jose Alba acted in self-defense. A career criminal nearly half his age went behind the counter and attacked him, cornered him against the wall and threatened him with violence. With his life in imminent danger, the terrified clerk knew he had no choice but to defend himself. In a city that is spiraling out of control—crime rates are through the roof in part because dangerous offenders are being released daily without repercussions—something like this was inevitably going to happen.

And now Manhattan District Attorney Alvin Bragg, in all his wisdom, wants to charge Alba with murder? What kind of message does this send to hard-working New Yorkers? Even worse, what message does this send to the criminals? ‘Don’t worry, we will punish those who defend themselves. Go ahead and continue to victimize our citizens.’ It’s unacceptable and dangerous, to say the least.

I’ve repeatedly called for Gov. Kathy Hochul to recall DA Bragg and give the position to someone who will actually do their job and keep our streets safe. Now, more than ever, it’s crystal clear that Manhattan’s chief prosecutor is unfit for the position he holds.

Last week, I joined a number of my fellow city council members in writing a letter to DA Bragg, letting him know exactly how we feel about his decision to charge Mr. Alba with a crime.

“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,” we told him. “Your approach is not a policy of restorative justice or decarceration… You are simply rewarding the guilty and punishing the innocent.”

Hopefully, this message will actually get through to the DA, and he will come to his senses and drop these charges. Until then, I will continue to advocate for Mr. Alba, and I’ll keep fighting to clean this city up and make it a safer place—a place where store clerks won’t have to choose between killing someone or getting home from work alive.

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