A 69-year-old homeless man who was asleep on a New York City subway was attempted to be robbed by a group of homeless illegal immigrants, but fatally stabbed one of them in a bloody brawl caught on camera. , was not prosecuted. to get his belongings back.
Immigration and Customs Enforcement (ICE) told FOX News Digital that at least three of the would-be robbers were illegal immigrants, including the immigrant killed in the skirmish, two of whom had been arrested since arriving in the Big Apple. , admitted that he had amassed a long rap sheet. us
The deceased Ecuadorian immigrant, Starlin Moya, 37, had been arrested several times between July 2023 and November 2024 for numerous crimes, including felony assault, felony robbery, and weapons possession. .
A homeless man who was asleep on a New York City subway when a group of homeless illegal immigrants with long rap sheets tried to rob him fatally stabbed one of them, but will not be charged. It became. Fidel Leon Hernandez, aka Philip Peña, 26, bottom left. (Queens District Attorney's Office)
Illegal immigrant charged with murder after woman burned to death on subway
The deadly incident occurred on Dec. 22, hours before police say an undocumented Guatemalan immigrant set a homeless woman on fire and burned her to death in the Brooklyn subway. It continues to cause havoc.
Prosecutors say the unidentified homeless man was sleeping on the 7 subway line in Queens when he was “accused” by men around 12:20 a.m. During a prolonged fight to retrieve his belongings, a homeless man was punched, kicked and assaulted by police. He then stabbed two of the suspects, killing one of them.
However, the four suspects have been charged with attacking a homeless man.
The decision not to prosecute the homeless man comes just weeks after former Marine Daniel Penny was found not guilty in the strangling death of Jordan Neely on the New York City subway. Neely, a 30-year-old homeless man with schizophrenia, stormed onto a train in May 2023 while high on a type of synthetic cannabis known as K2 and screaming death threats. Penny, 26, strangled Neely, who then died.
Illegal immigrants Philip Pena (left) and Starlin Moya (right), wearing a white baseball cap, were part of the group that attacked the homeless man. (Queens District Attorney's Office)
The video of last month's subway incident begins with two suspects, including Moya, grabbing the bag of a homeless man who was sleeping on the front stoop of a moving subway. One of the suspects grabbed a bag and moved to the next vehicle where three other suspects were waiting.
A homeless man in a red coat wakes up to see Moya standing over him with two bags.
The two appeared to get into an argument, but a scuffle ensued before the carriage door opened and four other migrants burst into the vehicle.
Daniel Penny asks Jordan Neely's father to drop civil lawsuit
One of the prime suspects, Mexican Fidel Leon Hernandez, aka Filipe Peña, 26, then punched the homeless man and tried to raise his fist in a fighting stance, but a good Samaritan intervened. The situation was de-escalated and the suspects retreated indoors. the other vehicle.
However, the homeless man follows them in search of their belongings, and when he gets into a carriage with five people, he gets punched by Pena. The two then get into a scuffle before three others, including Moya, join them.
The homeless man appears to grab a knife and stab Pena, but Pena can be seen running away with blood pouring from his neck and face.
Henry Toapanta, an illegal immigrant, was arrested in connection with the attack. (Queens District Attorney's Office)
The homeless man brandished the knife wildly, and prosecutors said he fatally injured Moya, who was seen fleeing with others.
Queens District Attorney Melinda Katz said her office will not pursue charges against the homeless man.
“The investigation found that the victim defended himself when he was accosted without provocation and attempted to retrieve his property,” Katz said in a statement. She said the fact that there were surveillance cameras in the subway was crucial to the investigation.
“Our subways must be safe for the millions of people who use public transportation.”
She said the four surviving suspects were indicted by a grand jury and charged with various counts of attempted gang assault, assault and robbery for allegedly stealing the man's belongings.
Oswald Walter was part of a group arrested in connection with an attack on a homeless man. (Queens District Attorney's Office)
Pena, Henry Toapanta, 32, Oswaldo 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 felony charge, the defendant could be sentenced to up to 15 years in prison.
Pena, who was involved in a scuffle with a homeless man, entered the United States illegally in 2019 during the Trump administration, but was deported two days later. He re-entered the country on an unknown date and has since been arrested on charges including possession of stolen property, robbery, drunk driving, drug possession, use of a vehicle without the owner's consent, and assault, and has committed a felony in New York City. I've done it. He has served time in prison, but was never deported.
Jose Valencia was part of a group arrested in connection with the Dec. 22 attack on a homeless man. (Queens District Attorney's Office)
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Toapanta is also an illegal immigrant from Ecuador who entered the United States on July 10, 2023.
After the Dec. 22 subway incident, ICE filed immigration charges against Pena and Toapanta. ICE said it is not currently involved with Walter or Valencia and cannot reveal their immigration status.
The homeless man suffered scrapes, lacerations, bruises and bleeding to his head and face and was taken to a local hospital for treatment, according to the Queens District Attorney's Office.
