A man involved in a violent incident on a subway train in New York City will not face criminal charges after he fatally injured one of his attackers. This decision comes as four individuals have been indicted for their roles in the assault and robbery that took place in Queens.
The 69-year-old victim was asleep on the subway when a group of men attempted to steal his belongings on the morning of December 22. Prosecutors reported that a video of the altercation shows the elderly man being physically assaulted by several individuals at the end of the subway car. During the struggle, he defended himself by stabbing two of his assailants, identified as Stalin Moya and Philipe Pena. Tragically, Moya, 37, succumbed to his injuries, while the victim was hospitalized with various injuries, including head wounds and abrasions.
Queens District Attorney Melinda Katz commented on the incident, stating, “The victim was assaulted without any provocation, and our inquiry has indicated that he acted in self-defense while trying to protect his belongings.” As a result, she declared that her office would not pursue charges related to the fatality of Moya.
This case emerges amid rising concerns regarding safety in New York City’s subway system, following a series of violent crimes. On the same morning, a horrifying incident occurred in which a man was accused of setting a sleeping woman on fire in Brooklyn. In recent weeks, other alarming events included a man being pushed onto subway tracks just moments before a train arrived and another person who used a knife to injure two individuals at Grand Central Station in Manhattan.
Authorities noted that the individuals involved in the Queens incident, including the 69-year-old man, were all homeless. A grand jury has indicted four men on robbery and assault charges: Philipe Pena, Henry Toapanta, Oswaldo Walter, and Jose Valencia. Furthermore, Pena and Walter are also facing charges of attempted gang assault.
Walter’s attorney, David Bart, expressed his anticipation of reviewing all evidence in the case, suggesting that the prosecution may be excessively pursuing charges against his client. Meanwhile, attempts to reach attorneys representing Pena, Toapanta, and Valencia for their comments went unanswered.
