A 69-year-old homeless man was caught on camera stabbing one of them to death when he was tried to rob him by a suspect in a group of homeless illegal immigrants while sleeping on a New York City subway, but would not facing charges. A bloody brawl broke out while trying to get his belongings back.
Immigration and Customs Enforcement (ICE) confirmed to Fox News Digital that at least three of the would-be looters, including the immigrant killed in the skirmish, were illegal immigrants and two of them had accumulated a lot of money in New York since arriving. Long criminal record. us
The late immigrant Stalin Moya, 37, from Ecuador, was arrested multiple times between July 2023 and November 2024 for a series of crimes including felonious assault, felony robbery and illegal possession of weapons. catch.
A homeless man who fatally stabbed one of the homeless illegal immigrants with a long history of criminal records who tried to rob him while he slept on a New York City subway will not face charges. Fidel Leon Hernandez, also known as Philipe Pena, 26, left. (Queens District Attorney's Office)
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The fatal incident occurred on Dec. 22, just hours before police said an illegal Guatemalan immigrant set fire to a homeless woman on a Brooklyn subway, as immigration and subway crime continue to take a toll on the city Severe damage.
Prosecutors said the unidentified homeless man was sleeping on a No. 7 subway train in Queens around 12:20 a.m. when he was "accosted" by the men. As a result, he stabbed two suspects, resulting in the death of one of them.
However, four suspects are facing charges for assaulting homeless people.
Just weeks ago, former Marine Daniel Penny was acquitted of suffocating Jordan Neely on a New York City subway, with the decision not to prosecute the homeless man. In May 2023, Neely, a 30-year-old homeless man with schizophrenia, shouted death threats and broke into a train after smoking a synthetic marijuana called K2. Penny, 26, choked Neely, who later died.
Illegal immigrants Pena (left) and Moya (right), wearing white baseball caps, were part of a group that attacked a homeless man. (Queens District Attorney's Office)
Video of last month's subway incident initially shows two suspects, including Moya, grabbing the homeless man's bag as he slouched and slept on a moving subway train. One of the suspects took a bag and walked to the next car, where the other three suspects were waiting.
The homeless man, who was wearing a red coat, woke up and saw Moya standing over him holding two bags.
The two appeared to get into an argument and then a scuffle, before the carriage door opened and four other migrants rushed in.
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A burly suspect, Fidel Leon Hernandez, also known as Philipe Pena, 26, of Mexico, then appeared to hit the homeless man The returnee slapped him and raised his fists in a fighting stance, but a good Samaritan intervened and calmed the situation, and the suspect retreated to another carriage.
But the homeless man followed them in search of his property, and as he moved into the carriage where the five men were now located, he was punched by Pena. An argument ensued between the two and was joined by three others, including Moya.
The homeless man appears to grab a knife and stab Pena, who can then be seen running away with blood dripping from his neck and face.
Henry Toapanta, an illegal immigrant arrested in connection with the attack. (Queens District Attorney's Office)
The homeless man then went wild with the knife, and prosecutors said he fatally wounded Moya, who then fled with the others.
Queens District Attorney Melinda Katz said her office would not file charges against the homeless man.
"The victim was accosted without provocation and our investigation revealed he defended himself while trying to retrieve his property," Katz said in a statement. She said the subway was equipped with CCTV cameras, which One fact is crucial to the investigation.
“Our subways must be safe for the millions of people who rely on public transportation.”
The four surviving suspects were indicted by a grand jury and charged with attempted gang assault, battery and robbery for allegedly stealing the man's property, she said.
Osvaldo Walter was part of a group arrested for attacking a homeless man. (Queens District Attorney's Office)
Defendants Pena, Henry Topanta, 32, Osvaldo Walter, 29, and Jose Valencia, 35, all homeless, were charged with two counts of second-degree robbery and second-degree assault.
Pena and Walter were also charged with attempted first-degree gang assault. If convicted of the top charge, the defendant could face up to 15 years in prison.
Pena, who has had run-ins with homeless people, entered the U.S. illegally in 2019 during the Trump administration but was deported two days later. He re-entered at an unknown date and has since amassed multiple convictions in New York City, being arrested for possession of stolen property, robbery, driving under the influence, drug possession, use of a vehicle without the owner's consent and assault. He also served time in prison but was not deported.
Jose Valencia was one of the gang members arrested for a Dec. 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 United States on July 10, 2023.
ICE held immigration detainers in Pena and Toppanta after the Dec. 22 incident on the subway. ICE said it currently has no relationship with Walter or Valencia and therefore cannot provide their immigration status.
The Queens District Attorney's Office said the homeless man suffered abrasions, lacerations, contusions and bleeding on his head and face and was taken to a local hospital for treatment.