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Brother of man killed by New York bodega worker in self-defense preparing to sue store: Report

The family of a man who was killed by a New York bodega worker is planning to sue the store.

David Simon, the brother of Austin Simon, who was stabbed and killed by Jose Alba in July is suing the Blue Moon convenience store where Alba worked. A judge determined Alba stabbed Simon in self-defense and murder charges against him were dropped. 

Fox News Digital has reached out to the Blue Moon convenience store.


“We intend to make a claim for damages as a result of the injuries sustained by our client,” David Simon’s attorney, Kathleen Beatty, wrote in the Aug. 22 letter, which was obtained by the New York Post.

According to the letter, Blue Moon is responsible for Austin Simon’s death “due to negligence in the ownership, security, hiring of employees, retention of employees, training of employees, and management” of its property. 

Beatty’s letter warned the bodega to keep track of any evidence concerning the attack, including security footage and witness information. 

Fox News Digital has also reached out to Beatty.

Security footage was part of what convinced prosecutors to drop the charges against Alba. 

“Following an investigation, the People have determined that we cannot prove beyond a reasonable doubt that the defendant was not justified in his use of deadly physical force. As such, the People will not be presenting the case to a Grand Jury and for the reasons provided in the attached memorandum, hereby move to dismiss the complaint,” Bragg’s office wrote in court documents obtained by Fox News in July. 

Alba has reportedly left New York and moved back to his native Dominican Republic. 

Fox News’ Danielle Wallace contributed to this report.

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