NEW YORK (1010 WINS) – A homeless man who fatally stabbed one of several assailants who tried to rob him on a 7 train in Queens last month won’t be charged—but the surviving men who tried to rob him will be, prosecutors announced Wednesday, saying the victim was defending himself.
“The victim was accosted, without provocation, and our investigation has shown that he defended himself while attempting to retrieve his property,” Queens D.A. Melinda Katz said in a statement. “As a result, my office will not be filing charges for the fatality.”
The robbery and subsequent stabbing happened on a Manhattan-bound train in Woodside on the morning of Sunday, Dec. 22.
The 69-year-old victim was asleep aboard the train with his belongings around 12:20 a.m. when he was singled out by the five other homeless men, according to prosecutors.
As the train approached the bustling 61st Street–Woodside station, two of the men entered the subway car he was sleeping in. One of them removed a bag from him and went to a neighboring subway car. The second man took two more bags from him, waking him in the process, according to a criminal complaint.
That led to a physical fight between the victim and all five men, as the others joined in from the neighboring car, prosecutors said.
The fight spilled into the area between the two train cars, where one of the men tried to close the door on the victim and punched him repeatedly, according to prosecutors.
The victim then entered the neighboring car, where he was surrounded by the five men, some of whom took turns punching and kicking him, as his possessions spilled out of a bag onto the floor of the train, prosecutors said.
During the chaotic altercation, the victim stabbed two of the men, killing one of them, according to prosecutors, who identified the dead man as Stalin Moya.
The other man who was stabbed, Philipe Pena, 26, survived his injuries. He was arraigned Friday from the hospital where he’s being treated.
The victim suffered abrasions, lacerations, contusions and bleeding to his head and face. He was transported to a hospital for treatment.
Pena, along with the three other suspects—Oswaldo Walter, 29; Henry Toapanta, 32; and Jose Valencia, 35—have all been indicted by a grand jury on charges of attempted gang assault, assault and robbery. They face up to 15 years in prison if convicted of the top charges.
The attack on Dec. 22 came the same morning that a man set a homeless woman on fire and watched her burn to death on an F train at the Coney Island–Stillwell Avenue station in Brooklyn. The woman was later identified as Debrina Kawam, 57. The suspect, Sebastian Zapeta, 33, pleaded not guilty to murder and arson charges on Tuesday, and has said he drinks a lot and doesn't remember the attack.