NEW YORK (1010 WINS) — The 61-year-old Hamilton Heights bodega clerk who fatally stabbed a man whom he tried to fend off during an attack last Friday was released on bail on Thursday after a judge dramatically reduced his bail amid an outcry.
Jose Alba's previous $250,000 bail was reduced to $50,000 after a request from prosecutors. Alba's family and his boss helped post the reduced bond after a hearing in Manhattan Criminal Court, the New York Post reports.
The father-of-three must now wear an electronic monitoring device as the grand jury decides if his charges for second-degree murder and criminal possession of a weapon will still be filed.
He had been held on Rikers Island despite video surveillance showing Austin Simon, 35, allegedly rushing behind the counter at the Blue Moon Convenience Store to attack him, the Post previously reported.
Alba reportedly got into an argument with Simon's girlfriend over a bag of chips. Authorities told the Post that his girlfriend tried to buy a snack for her 10-year-old daughter at the West 139th Street and Broadway bodega when her debit card declined.
She alleged Alba grabbed the bag of chips out of her daughter's hand, so she ran home to alert Simon with video showing him rushing into the store about 10 minutes later.
During the attack, Simon's girlfriend allegedly pulled a knife from her purse and stabbed Alba three times in the shoulder. The Post reports she is not facing any charges.
Just after 11 p.m., police responded to the bodega after receiving a 911 call about an ongoing assault. Simon was discovered by cops with two chest stab wounds and one neck wound.
Simon, who was reportedly on parole at the time for assaulting a cop, was later pronounced dead at Harlem Hospital.
According to court statements obtained by the Post, his attorney told the judge that there was no need to fear Alba being a possible flight risk.
"He has every intention to return to court and defend this case," said Danielle Jackson of Neighborhood Defender Service of Harlem.
Manhattan D.A. Alvin Bragg has faced criticism for his handling of the case, including reportedly requesting $500,000 bail for Alba at his arraignment on Saturday, arguing he was a flight risk due to a planned trip to the Dominican Republic next week.
However, during Thursday's hearing, Assistant District Attorney Jennifer Sigall said the DA's office believes "the surrender of his passport, as well as the electronic monitoring and the restriction that he may not leave the five boroughs, will ensure the fact that [the] defendant will not go to the DR as he planned to."
His family has reportedly insisted he was acting in self-defense when he stabbed Simon to death. Relatives launched the online fundraiser, but the page — which the Daily Mail reported had raised $20,000 — was removed on Wednesday night.
"Our terms of service prohibit fundraising for the legal defense of a violent crime. At this time, the fundraiser has been removed and all donors have been refunded," GoFundMe told the Post in a statement Thursday.
Mayor Eric Adams defended Alba during a visit to the store on Thursday.
"We have enough people who are there for people who break the law," he said. "As I saw it, from the video, I saw a worker here following the law, and he should not have been approached in the manner that he was approached."
Alba is facing 15 to 25 years in prison if convicted of second-degree murder.
He is due back in court on July 20.
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