The household of the person who was killed after he attacked Manhattan bodega employee Jose Alba has lawyered up — and notified the store that they plan to sue over the lethal incident, The Post has discovered.
David Simon – whose brother Austin Simon was stabbed July 1 by Alba in self-defense – has employed an legal professional as he prepares to file swimsuit towards the Blue Moon comfort store in Hamilton Heights.
“We intend to make a declare for damages consequently of the accidents sustained by our shopper,” David’s legal professional, Kathleen Beatty, wrote in an Aug. 22 letters to the store, obtained by The Post on Tuesday.
Austin, 35, was killed “due to negligence in the possession, safety, hiring of workers, retention of workers, coaching of workers, and administration of your premises,” the letter claims.
Beatty notified the bodega to “protect” proof together with surveillance movies, witness data and incident stories. She additionally requested for details about the store’s insurance coverage protection.
But Francisco Marte, the top of a bodega affiliation that has been serving to Alba, claims Blue Moon Convenience wasn’t insured on the time of the incident — so there is not cash to go after.
“The household is simply pushing to see if they’ll get cash from the store proprietor,” Marte instructed The Post. “This is a shakedown.”
The proprietor has since insured Blue Moon, Marte stated, however “he’s afraid that this may wipe him out.” All the cash he had he used to repair the store.”
“He put all the things in it,” Marte stated. “He even borrowed cash. He owes cash proper now.”
And Alba — towards whom the Manhattan District Attorney’s Office dropped homicide fees in July — is afraid he will even be sued, Marte stated.
“If they’ll sue the place, they may come later [Alba] additionally,” Marte stated. “He may be very, very involved about this as a result of he has no cash — so he’s preserving a low profile.”
And whereas they hope a lawsuit will not go ahead, Marte, head of the Bodega and Small Business Association, stated: “I do not imagine any jury will rule in their favor as a result of it was self-defense.”
The 61-year-old store clerk had been locked up in Rikers Island for nearly per week on $250,000 bond earlier than the bail quantity was lowered — on fees of murdering Simon, an ex-con.
But following widespread backlash amid video footage displaying Simon first attacking Alba, the DA’s workplace dropped the case on July 19 citing inadequate proof.
In early August, Alba give up and deliberate to transfer again to the Dominican Republic the place he’s from, the proprietor instructed The Post on the time.
Beatty didn’t instantly return a request for remark.