NEW YORK - After widespread outrage, the Manhattan District Attorney's Office has filed a motion to dismiss a murder charge against bodega worker Jose Alba, who fatally stabbed a man who assaulted him during a dispute inside the Hamilton Heights store.
Alba, 51, was charged with second-degree murder after the incident earlier this month.
Austin Simon, 34, went into the store to confront Alba after his girlfriend was denied a bag of chips for her daughter after her credit card was declined at the Bluemoon Convenient Store.
Alba allegedly had snatched the chips back from the girl. The woman told Simon, who then went to the store, walked behind the counter, and pushed Alba.
A criminal complaint obtained by Fox News Digital stated that when Simon attempted to "steer" Alba out from behind the counter area, the worker "picked up a kitchen knife that was stashed behind the counter and stabbed Mr. Simon in the neck and chest at least five times."
Simon’s girlfriend then allegedly pulled a knife from her purse and stabbed Alba in the arm.
Simon died at a nearby hospital a short time later.
Alba could have faced up to 25 years in prison if he had been convicted on the murder charge.