He then grabbed him by the collar to lift him out of the chair and force him out of the employee-only section to apologize to the girl. As Simon held him by the neck, Alba grabbed a knife from the shelf beside the counter and repeatedly stabbed Simon as the two struggled, according to the narrative from the Manhattan district attorney's office. Alba was arrested.
The Manhattan district attorney launched an investigation and after interviewing civilian witnesses who called 911, EMTs, cops, the medical examiner and others, as well as pouring over forensic evidence from the scene, video and medical records, determined it lacked sufficient evidence to proceed. Alba spent nearly a week at Riker's Island with his bail set at a quarter of a million dollars -- an amount that prosecutors said Tuesday reflected his previously made plans to travel out of the country the week after Simon's death. It was dropped to $50,000 and Alba was released but he had to surrender his passport, stay in the city and agree to electronic monitoring.
Alba's case stoked outrage locally and nationally after shocking surveillance video of what unfolded inside the Washington Heights convenience story Surveillance video from inside the Blue Moon Convenience Store shows 35-year-old Austin Simon storm behind the counter before his fatal stabbing. News 4's Jessica Cunnington reports.
Source: Law Daily Report (lawdailyreport.net)
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