Man escapes prosecution for defending himself against migrant subway attacker, killing one.

A 69-year-old homeless man who was asleep on a New York City subway train when a group of homeless illegal migrants tried to rob him will not face charges after he fatally stabbed one of them in a caught-on-camera bloody brawl trying to retrieve his belongings.

At least three of the suspected robbers are illegal migrants, including the one who was killed, with two of them having extensive criminal records in New York City since their arrival in the US.

Stalin Moya, a 37-year-old migrant from Ecuador, was arrested multiple times between July 2023 and November 2024 for various offenses, including felony assault, felony robbery, and criminal possession of a weapon.

On Dec. 22, a deadly incident occurred just hours before a Guatemalan illegal migrant burned a homeless woman to death on a subway in Brooklyn, contributing to the ongoing problem of migrant and subway crime in the city.

At approximately 12:20 a.m., an unidentified homeless man was sleeping on a Number 7 subway train in Queens when he was "approached" by a group of men. During a prolonged struggle to retrieve his possessions, the homeless man was assaulted by the group, resulting in him being punched and kicked. Despite this, the homeless man managed to stab two of the suspects, killing one of them.

Four suspects, however, are facing charges for attacking the homeless man.

The decision not to prosecute the homeless man who died after being put in a chokehold by a former Marine comes just weeks after the acquittal of the latter for the death of a 30-year-old homeless man with schizophrenia on a New York City subway in May 2023.

The video of the subway incident from last month shows two of the suspects, including Moya, taking the homeless man's bags while he was sleeping on the moving subway. One of the suspects took a bag and then went to the next carriage where the other three suspects were waiting.

A man in a red coat wakes up to find Moya standing over him with two of his bags.

The four other migrants enter the carriage as the pair who were arguing and fighting exit.

A suspect, Fidel Leon Hernandez, aka Philipe Pena, 26, of Mexico, is seen hitting a homeless man and raising his fists in a fighting stance, but a Good Samaritan intervenes and the situation is de-escalated, with the suspects retreating into the other carriage.

The homeless man searches for his possessions and, upon finding them in the carriage where the five men are, he is punched by Pena, leading to a brawl that involves three others, including Moya.

Pena is seen fleeing with blood dripping from his neck and face after the homeless man grabs a knife and stabs him.

The homeless man, after swinging wildly with the knife, fatally wounded Moya, who then fled with the others, according to prosecutors.

Queens District Attorney Melinda Katz stated that her office would not be seeking legal action against the homeless individual.

Katz stated that the victim was attacked without any provocation, and our investigation has revealed that he defended himself while trying to retrieve his belongings. She emphasized that the installation of CCTV cameras in the subways was crucial to the investigation.

"The safety of our subways is crucial for the millions of individuals who rely on public transportation."

The four remaining suspects were indicted by a grand jury and charged with different offenses, including attempted gang assault, assault, and robbery, for allegedly stealing the man's possessions.

Four homeless individuals, including Pena, Henry Toapanta, 32, Oswaldo Walter, 29, and Jose Valencia, 35, were indicted on charges of robbery in the second degree and assault in the second degree.

The defendants, Pena and Walter, were also accused of attempted gang assault in the first degree. If convicted of the main charges, they could face a maximum sentence of up to 15 years in prison.

In 2019, Pena, who was fighting with a homeless man, illegally entered the U.S. under the Trump administration but was deported two days later. He later re-entered at an unknown date and has since accumulated a significant criminal record in New York City, including arrests for possession of stolen property, robbery, DUI, drug possession, using a vehicle without the owner's consent, and assault. Despite serving time in prison, he was not deported.

On July 10, 2023, Toapanta, an illegal alien from Ecuador, entered the U.S.

After the Dec. 22 subway incident, ICE placed immigration detainers on Pena and Toapanta. ICE has stated that they are not currently involved with Walter or Valencia and cannot provide their immigration status.

The Queens District Attorney's Office stated that the homeless man sustained head and facial injuries, including abrasions, lacerations, contusions, and bleeding, and was admitted to a local hospital for treatment.