QUEENS, NY — Four men have been indicted for assaulting and robbing a 69-year-old homeless man on a Manhattan-bound 7 subway train in December, Queens District Attorney Melinda Katz announced.
Defendants Henry Toapanta, 32; Oswaldo Walter, 29; Jose Valencia, 35; and Philipe Pena, 26, were charged with second-degree robbery and second-degree assault. Pena and Walter face additional charges of attempted first-degree gang assault. If convicted, they each face up to 15 years in prison.
The attack occurred around 12:20 a.m. on December 22, 2024, as the train approached the 61st Street-Woodside station. Prosecutors say Walter and another man, Stalin Moya, began stealing the victim’s bags while he slept. Moya woke the victim, sparking a violent struggle.
According to the investigation, Toapanta, Walter, Valencia, and Pena joined the assault, punching and kicking the victim as they tried to steal more of his belongings. During the confrontation, the victim stabbed Moya and Pena in self-defense. Moya died from his injuries, while Pena was hospitalized.
District Attorney Katz confirmed that no charges will be filed against the victim for the fatal stabbing, citing self-defense. “Our investigation has shown that he defended himself while attempting to retrieve his property,” Katz said. “Our subways must be safe for the millions of people who depend on public transportation.”
All four defendants are due back in court on February 4.