A man escaped prosecution for standing up to an attack by migrants on the subway, fatally stabbing 1
A 69-year-old homeless man who slept on New York City subway train when a suspect in a group of homeless illegal immigrants tried to rob him will not face charges after fatally stabbing one of them in a bloody fight caught on camera trying to get his belongings back.
Immigration and Customs Enforcement (ICE) confirmed to Fox News Digital that at least three of the would-be robbers are illegal immigrants — including the migrant who was killed in the shootout — and two have collected long leaves for the big apple since arriving at the NAS
The deceased migrant, Stalin Moya from Ecuador, 37, was arrested several times between July 2023 and November 2024 for a series of crimes, including assault, robbery and criminal possession of a weapon.
A homeless man who was sleeping on a New York subway train when illegal homeless people wearing long sheets tried to rob him will not face charges after fatally stabbing one of them. Fidel Leon Hernandez, aka Philipe Pena, 26, pictured left. (Queens District Attorney’s Office)
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The fatal incident occurred on December 22, just hours before police said the Guatemalan illegal migrant set fire to and burned a homeless woman to death on the Brooklyn subway — as migrant and subway crime continue to ravage the city.
Prosecutors say the unidentified homeless man was sleeping on a 7 subway train in Queens when he was “pounced upon” by the men around 12:20 p.m. During a protracted struggle to get his belongings back, the homeless man was punched and kicked by the group only for him to then stab the two suspects – fatally killing one of them.
Four suspects, however, are facing charges for assaulting a homeless man.
The decision not to prosecute the homeless man comes just weeks after former Marine Daniel Penny was acquitted about Jordan Neely’s death by suffocation on the New York subway. Neely, a 30-year-old homeless man with schizophrenia, stormed a train in May 2023, threatening to die while high on a type of synthetic marijuana known as K2. Penny, 26, strangled Neely and he later died.
Illegal immigrants Pena, left, and Moya, pictured right in a white baseball cap, were part of the group that attacked the homeless man. (Queens District Attorney’s Office)
A video of last month’s subway incident begins by showing two suspects, including Moya, grabbing a homeless man’s bags as he sat hunched over and sleeping in the moving subway. One of the suspects takes the bag and then moves to the next car where the other three suspects are waiting for him.
The homeless man, in a red coat, then wakes up to see Moya standing over him with two of his bags.
The pair appear to argue and then fight before the carriage door opens and four other migrants rush inside.
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One tough suspect, Fidel Leon Hernandez, aka Philipe Pena, 26, of Mexico, then appears to punch the homeless man and raise his fists in a fighting stance, but a good Samaritan intervenes and defuses the situation, and the suspects retreat into other carriages.
But the homeless man follows them in search of his possessions and, as he moves into the carriage now occupied by five men, is met with a blow from Pena. The pair then argue before being joined by three others – including Moya.
The homeless man appears to grab a knife and stab Pen, who can then be seen running away with blood dripping from his neck and face.
Henry Toapanta, an illegal immigrant who was arrested in connection with the attack. (Queens District Attorney’s Office)
The homeless man then swung the knife wildly, and prosecutors say he fatally wounded Moya, who was then seen running away with the others.
Queens District Attorney Melinda Katz said her office will not file charges against the homeless man.
“The victim was attacked without provocation, and our investigation revealed that he was defending himself while trying to get his property back,” Katz said in a statement. She said the fact that the subways were equipped with CCTV cameras was crucial to the investigation.
“Our subways must be safe for the millions of people who depend on public transportation.”
She said the four surviving suspects were indicted by a grand jury and charged variously with attempted gang assault, assault and robbery for allegedly stealing the man’s belongings.
Oswaldo Walter was part of a group arrested in connection with an attack on a homeless man. (Queens District Attorney’s Office)
Defendants Pena, Henry Toapanta, 32, Oswaldo Walter, 29, Jose Valencia, 35, who are all homeless, were charged with two counts each of second-degree robbery and second-degree assault.
Pena and Walter were additionally charged with attempted gang assault in the first degree. If convicted of the main charges, the defendants face a potential maximum sentence of up to 15 years in prison.
Pena, who was fighting with a homeless man, entered illegally USA in 2019 under the Trump administration, but was deported two days later. He re-entered on an unknown date and has since amassed a significant list in New York of arrests for possession of stolen property, robbery, under the influence of drugs, drug possession, unauthorized use of a vehicle and assault. He was also imprisoned but not deported.
Jose Valencia was part of a group arrested in connection with the December 22 attack on a homeless man. (Queens District Attorney’s Office)
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Toapanta is also an illegal alien from Ecuador who entered the US on July 10, 2023.
Following the Dec. 22 subway incident, ICE placed immigration detainers against Pena and Toapanta. ICE says it has no connection to Walter or Valencia at this time and could not provide their immigration status.
The homeless man suffered scratches, lacerations, contusions and bleeding on his head and face and was taken to a local hospital for treatment, the Queens District Attorney’s Office said.
