NEW YORK (1010 WINS) — Four homeless men were arraigned for allegedly stealing the belongings of a man who was asleep aboard a 7 subway train over the weekend, Queens District Attorney Melinda Katz announced Tuesday.
Henry Toapanta, 32, Oswaldo Walter, 29, Jose Valencia, 35, and Philipe Pena, 26, who are all undomiciled, were charged with robbery and assault.
According to the investigaation, a 69-year-old man was asleep on a Manhattan-bound 7 train at approximately 12:20 a.m. on Sunday, Dec. 22.
As the train approached the 61st Street-Woodside station, Walter and a fifth assailant, whose name was not released, entered the subway car, D.A. Katz said.
Walter removed one of the victim's bags and brought it to a second subway car. The now-deceased man took two more of the sleeping victim's bags, waking him up in the process.
A physical altercation began between the homeless passenger and the now-deceased man as the victim attempted to retrieve his belongings.
Pena, Valencia, Toapanta and Walter entered from another subway car and
joined the altercation with Valencia allegedly grabbing the 69-year-old, while Pena and Walter punched him, a criminal complaint said.
During the altercation, the victim stabbed two of the assailants, one of whom, the unnamed fifth assailant, died to their injuries.
While the victim was in between the subway cars, Pena attempted to close the subway door on the victim and punched him multiple times, officials said.
The victim entered the subway car and was then surrounded by the five men, while Walter, Toapanta and Valencia concealed one of the his bags under the seat and behind their legs.
As the victim attempted to pick up his bag from the floor, Pena allegedly grabbed the victim and punched him multiple times, while Walter kicked the man.
The fifth, now-deceased man, allegedly rummaged through the
victim's belongings that spilled out of a bag and onto the subway floor, prosecutors said.
The victim suffered abrasions, lacerations, contusions and bleeding to his head and face and was taken for treatment at a local hospital for treatment.
During the altercation, the victim stabbed two of the assailants, one of whom passed away.
The investigation into the stabbing death remains ongoing.
"We cannot have thieves ganging up on any individuals inside the transit system. It is our responsibility to make sure that people have safe access to the subway, which is an intricate part of New York City, D.A. Katz said.
Pena and Walter were additionally charged with attempted gang assault.
Toapanta, Walter and Valencia are set to return to court Dec. 27.
Pena, who is currently hospitalized, will be arraigned at a later date.
If convicted, the men face a potential maximum sentence of up to 15 years in prison.
"As alleged, the defendants stole the possessions of a sleeping man while on the train. As the victim attempted to get his possessions back, the defendants repeatedly punched and kicked the 69-year-old victim. During the altercation, the elderly man stabbed two of the assailants and one of the men died. As of now, no charges are filed against the elderly victim of the robbery. The investigation into the death is ongoing," Katz added.
