The household of the person who was killed after he attacked Manhattan bodega employee Jose Alba has lawyered-up — and notified the shop that they plan to sue over the lethal incident, The Put up 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 retailer in Hamilton Heights.
“We intend to make a declare for damages on account of the accidents sustained by our consumer,” David’s legal professional, Kathleen Beatty, wrote in an Aug. 22 letter to the shop, obtained by The Put up on Tuesday.
Austin, 35, was killed “resulting from negligence within the possession, safety, hiring of staff, retention of staff, coaching of staff, and administration of your premises,” the letter claims.
Beatty notified the bodega to “protect” proof together with surveillance movies, witness info and incident reviews. She additionally requested for details about the shop’s insurance coverage protection.
However Francisco Marte, the top of a bodega affiliation that has been serving to Alba, claims Blue Moon Comfort wasn’t insured on the time of the incident — so there isn’t cash to go after.
“The household is simply pushing to see if they will get cash from the shop proprietor,” Marte advised The Put up. “It is a shakedown.”
The proprietor has since insured Blue Moon, Marte mentioned, however “he's afraid that this would possibly wipe him out. All the cash he had he used to repair the shop.”
“He put every thing in it,” Marte mentioned. “He even borrowed cash. He owes cash proper now.”
And Alba — towards whom the Manhattan District Legal professional’s Workplace dropped homicide costs in July — is scared he may also be sued, Marte mentioned.
“If they will sue the place, they may come after [Alba] additionally,” Marte mentioned. “He's very, very involved about this as a result of he has no cash — so he's protecting a low profile.”
And whereas they hope a lawsuit gained’t go ahead, Marte, head of the Bodega and Small Enterprise Affiliation, mentioned: “I don’t imagine any jury will rule of their favor as a result of it was self-defense.”
The 61-year-old retailer clerk had been locked up in Rikers Island for nearly every week on $250,000 bond earlier than the bail quantity was lowered — on costs of murdering Simon, an ex-con.
However 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 maneuver again to the Dominican Republic the place he’s from, the proprietor advised The Put up on the time.
Beatty didn’t instantly return a request for remark.
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