Posted on: January 10, 2025 12:35 PM

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Homeless man 69 seen on video stabbing thugs terrorizing him on NYC subway killing 1 wont face charges DA

Stunning video footage recorded the moment a 69-year-old man experiencing homelessness defended himself against the thugs who ruthlessly harassed him on a subway train in Queens, resulting in one death and another injury.

In an unexpected turn of events, it is now the surviving assailants who find themselves in custody, according to prosecutors.

“The victim was attacked without cause, and our investigation indicates that he acted in self-defense while trying to reclaim his belongings,” stated Queens District Attorney Melinda Katz on Wednesday. “Consequently, my office will not pursue charges related to the fatality.”

Captivating footage of the violent confrontation on a 7 train on December 22 reveals the victim dozing off shortly before 12:30 a.m. when two of the attackers — identified by prosecutors as Stalin Moya and Oswaldo Walter — seize one of the man’s bags and move it to a different car.

Moya then returns to snatch more of the victim’s belongings, waking him up in the process. That's when chaos ensued.

The unnamed victim pursued Moya into the second car to retrieve his possessions, only to be assaulted and beaten by several members of the group as they dispersed and concealed his bags.

The video captures the victim being shoved and struck repeatedly by the group — until he reached his limit and drew a long knife, slashing at his assailants and injuring at least two.

The cowardly attackers then scattered — one seen staggering away, bleeding from his injuries — while the victim stood in the center of the vacant subway car, still gripping the knife.

Queens prosecutors reported that Moya was killed and the defendant Phillipe Pena was injured. Pena, 26, Walter, 29, along with two others — Jose Valencia, 35, and Henry Toapanta, 32 — have now been charged by a grand jury with robbery and assault in connection to the incident.

The DA’s office noted that all suspects are also homeless.

“Our subway systems must ensure safety for the millions who rely on public transport,” Katz emphasized in her statement. “The New York City subway has been equipped with cameras, and the footage obtained in this case is crucial for our prosecution.”

This incident arises amid a recent surge in subway violence and bears resemblance to previous cases where passengers retaliated against transit aggressors. Notably, Daniel Penny, a Marine, was acquitted in the chokehold death of homeless individual Jordan Neely on a Manhattan F train in 2023.

Another passenger, Jordan Williams, fatally stabbed an aggressive homeless man who attacked him and a companion on a Brooklyn J train later that same year, but was exonerated when a grand jury chose not to indict him on manslaughter and weapons charges.