City lawyers are urging a federal judge to dismiss a lawsuit filed by ex-bodega clerk Jose Alba after murder charges against him were dropped. Alba, a former bodega worker, was attacked while working behind the counter on July 1, 2022, by 35-year-old Austin Simon and his girlfriend, Tina Lee. In self-defense, Alba grabbed a knife and fatally stabbed Simon. However, murder charges were later filed against Alba, leading to public outcry and support for him, including from Mayor Eric Adams. The charges were eventually dropped by Manhattan District Attorney Alvin Bragg's office.

Alba spent nearly a week in jail at Rikers Island before his bail was lowered to $250,000. He subsequently filed a lawsuit against the city, Bragg, and NYPD Detective William Garcia. However, city lawyers argued in a court filing on Friday that there was sufficient evidence to charge Alba based on surveillance video footage, witness testimony, and statements from Simon's girlfriend.

According to the city lawyers' filing, the available evidence indicated that Alba unnecessarily escalated the confrontation with Simon, even though Simon had initiated the incident. They claimed that it was reasonable to believe that Alba was responsible for the confrontation's escalation. Alba's lawyer, Richard Cardinale, responded to the city attorneys' filing, calling it "outrageous." He disagreed with the characterization that Alba was the instigator and challenged the use of Simon's girlfriend's testimony to dismiss the case.

The incident that led to Alba's arrest occurred when Simon confronted him angrily after being denied chips for his girlfriend's daughter. Simon grabbed Alba by the collar, demanding an apology. In response, Alba grabbed a knife and fatally stabbed Simon. Alba's subsequent arrest on a second-degree murder charge was met with public support, including from Mayor Adams, who defended Alba as a hard-working New Yorker defending himself.

Alba's lawsuit, filed in September, seeks undisclosed damages. The city's lawyers argue that the video evidence and testimony from witnesses, including Simon's girlfriend, provided sufficient reason to arrest Alba and pursue the murder charges. They maintain that there was probable cause for Alba's prosecution, even after his arrest.

Richard Cardinale, Alba's lawyer, criticized the city's arguments for dismissing the lawsuit, citing Mayor Adams' statements in support of Alba. The city's position, according to Cardinale, contradicts the mayor's assertion that Alba was an innocent hard-working New Yorker defending himself.

The city's Law Department defended the initial arrest and prosecution of Alba, stating that there was enough probable cause for both. They remain firm in their position that the case should be dismissed.

Overall, the lawsuit filed by Jose Alba against the city, Manhattan District Attorney Alvin Bragg, and NYPD Detective William Garcia is facing opposition from city lawyers who argue that there was sufficient evidence to arrest and prosecute Alba on murder charges. Alba's lawyer vehemently disagrees with the city's arguments, branding them as "outrageous." The case is now awaiting a decision from a federal judge.