NEW YORK CITY, NY- Surveillance video from a New York City subway train shows another violent incident when a sleeping passenger was targeted during a robbery in Queens.
According to the New York Post, the victim, a 69-year-old homeless man was attacked by a group of men attempting to rob him and in self-defense, the homeless man stabbed the men, killing one and wounding another. Prosecutors have announced that the victim who stabbed the thieves will not face charges, but the men will.
Queens District Attorney Melinda Katz said in a statement, "The victim was accosted, without provocation, and our investigation has shown that he defended himself while attempting to retrieve his property. As a result, my office will not be filing charges for the fatality."
Footage of the incident shows that on December 22, 2024, on a 7 train, the victim was sleeping on the train shortly before 12:30 a.m. when two of the thieves, identified by prosecutors as Stalin Moya and Oswaldo Walter, grabbed one of the man's bags and took it into a second car. Moya then goes back and grabs more of the victim's bags, waking him up in the process.
The victim then got up and followed Moya into the second car to try and get his bags back, only to be attacked and accosted by a group of men as they scattered and attempted to hide his bags.
The footage then shows the victim being shoved and hit repeatedly by the group. The victim pulls out a long knife and slashes his attackers, wounding at least two. The rest of the group scatters away with one seen stumbling away, bleeding from his stab wounds. The victim is left standing in the middle of the empty subway car, clutching the knife.
Prosecutors said that Moya died from his injuries and defendant Phillipe Pena was wounded. Pena, 26, Walter, 29, and two others, identified as 35-year-old Jose Valencia and 32-year-old Henry Toapanta, have been indicted by a grand jury on robbery and assault charges in the incident. The DA's office said all of the suspects are also homeless.
Katz said in a statement, "Our subways must be safe for the millions of people who depend on public transportation. The New York City subway system has been outfitted with cameras and the video recovered in this case is vital for our prosecution." According to CBS News, all four of the suspects have entered pleas of not guilty. If convicted, each faces up to 15 years in prison.
This incident is among many other violent incidents that have been popping up on the subway system as subway attacks continue to rise. Victims who are attacked in unprovoked situations are starting to use self-defense to protect themselves and others. Most notable is the case of Daniel Penny, a Marine who was acquitted of killing Jordan Neely on a Manhattan F train in 2023.
Another incident, Jordan Williams fatally stabbed an aggressive homeless man who assaulted him and his companion on a Brooklyn J train later in 2023. He was cleared when a grand jury voted not to indict him on manslaughter and weapons charges.
According to the New York Post, the victim, a 69-year-old homeless man was attacked by a group of men attempting to rob him and in self-defense, the homeless man stabbed the men, killing one and wounding another. Prosecutors have announced that the victim who stabbed the thieves will not face charges, but the men will.
Queens District Attorney Melinda Katz said in a statement, "The victim was accosted, without provocation, and our investigation has shown that he defended himself while attempting to retrieve his property. As a result, my office will not be filing charges for the fatality."
Footage of the incident shows that on December 22, 2024, on a 7 train, the victim was sleeping on the train shortly before 12:30 a.m. when two of the thieves, identified by prosecutors as Stalin Moya and Oswaldo Walter, grabbed one of the man's bags and took it into a second car. Moya then goes back and grabs more of the victim's bags, waking him up in the process.
The victim then got up and followed Moya into the second car to try and get his bags back, only to be attacked and accosted by a group of men as they scattered and attempted to hide his bags.
The footage then shows the victim being shoved and hit repeatedly by the group. The victim pulls out a long knife and slashes his attackers, wounding at least two. The rest of the group scatters away with one seen stumbling away, bleeding from his stab wounds. The victim is left standing in the middle of the empty subway car, clutching the knife.
Prosecutors said that Moya died from his injuries and defendant Phillipe Pena was wounded. Pena, 26, Walter, 29, and two others, identified as 35-year-old Jose Valencia and 32-year-old Henry Toapanta, have been indicted by a grand jury on robbery and assault charges in the incident. The DA's office said all of the suspects are also homeless.
Katz said in a statement, "Our subways must be safe for the millions of people who depend on public transportation. The New York City subway system has been outfitted with cameras and the video recovered in this case is vital for our prosecution." According to CBS News, all four of the suspects have entered pleas of not guilty. If convicted, each faces up to 15 years in prison.
This incident is among many other violent incidents that have been popping up on the subway system as subway attacks continue to rise. Victims who are attacked in unprovoked situations are starting to use self-defense to protect themselves and others. Most notable is the case of Daniel Penny, a Marine who was acquitted of killing Jordan Neely on a Manhattan F train in 2023.
Another incident, Jordan Williams fatally stabbed an aggressive homeless man who assaulted him and his companion on a Brooklyn J train later in 2023. He was cleared when a grand jury voted not to indict him on manslaughter and weapons charges.
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Comments
2025-01-11T10:39-0500 | Comment by: Steven
So let me get this straight. These two homeless dudes get attacked on the subway and end shanking someone and killing them. No charges because they acted in "self defense". Daniel Penny puts a nut case homeless dude in a choke hold after he made threats to multiple people on the train. The guy ultimately dies and Penny is charged and tried for murder. Thankfully, he was acquitted, but were these cases handled differently??
2025-01-11T20:41-0500 | Comment by: arthur
Good, it's about time that people started to wake up and click to the fact that you have to right to defend yourself and your property against a robbery or assault. Too bad Mr. Penny had to go through what he had to go through when he stepped up and did what he did to try and protect others when he did. I guess this is what they mean when they talk about 'The Trump Effect'.
2025-01-12T18:41-0500 | Comment by: Mark
That is great its about time people stood up against these scumbags even if its a homeless person
2025-01-14T15:15-0500 | Comment by: Laurence
I am surprised that DA Bragg did not demand a prison sentence for the good man who defended himself. More people should do this - fight back against the rats.