Prosecutor Declines to File Charges After Fatal Altercation
A 69-year-old man who fatally stabbed one of his attackers during a subway robbery attempt in New York City will not face criminal charges, Queens District Attorney Melinda Katz announced on Wednesday. Four other men involved in the incident have been indicted on robbery and assault charges.
Attack on Subway Leads to Deadly Struggle
The altercation occurred early on December 22 on a Queens subway train. The 69-year-old was sleeping when a group of men attempted to steal his bags. A struggle ensued, and video footage showed the victim being surrounded, punched, and kicked at the end of the subway car.
The man fought back, stabbing two of the attackers, Stalin Moya and Philipe Pena. Moya succumbed to his injuries, while the victim sustained head and facial injuries, including abrasions, lacerations, and contusions.
DA Cites Self-Defense
“The victim was accosted, without provocation, and our investigation has shown that he defended himself while attempting to retrieve his property,” DA Katz said in a statement. “As a result, my office will not be filing charges for the fatality.”
Indictments for Remaining Assailants
Four other men involved in the altercation—Pena, 26, Henry Toapanta, 32, Oswaldo Walter, 29, and Jose Valencia, 35—have been indicted by a grand jury on robbery and assault charges. Pena and Walter face additional charges of attempted gang assault.
Walter’s attorney, David Bart, expressed skepticism about the charges, stating that prosecutors appeared to be “overpursuing” the case against his client.
Homelessness and Subway Safety
Authorities confirmed that all individuals involved in the altercation, including the victim, were homeless. The incident highlights ongoing concerns about safety and violence on New York City subways.
