Man Cleared of Prosecution for Defending Himself in Deadly Subway Attack by Migrant

After a 69-year-old homeless man on the New York City subway train was confronted by a group of homeless illegal migrants attempting to rob him while he was asleep, he found himself in a situation where he had to defend himself. In a violent altercation caught on camera, the man ended up fatally stabbing one of the attackers while trying to protect his belongings.

According to Immigration and Customs Enforcement (ICE), it has been confirmed that three of the individuals involved in the attempted robbery were undocumented migrants, with the one who lost his life in the brawl being one of them. It was revealed that two of these migrants had extensive criminal records in New York City since their arrival in the United States.

One of the attackers who lost his life in the incident was identified as Stalin Moya, a 37-year-old man from Ecuador. Between July 2023 and November 2024, Moya had been arrested multiple times for various offenses, including serious charges like felony assault, felony robbery, and illegal possession of a weapon.

A homeless man who was asleep on a New York City subway train when homeless illegal migrants with long rap sheets tried to rob him will not face charges after he fatally stabbed one of them. Fidel Leon Hernandez, aka Philipe Pena, 26, bottom left. (Queens District Attorney’s Office)

One heavy-set suspect, Fidel Leon Hernandez, aka Philipe Pena, 26, of Mexico, then appears to smack the homeless man and raises his fists in a fighting stance, but a good Samaritan intervenes and calms the situation, with the suspects retreating into the other carriage.

However, the homeless man follows them in search of his possessions and, when he moves into the carriage where the five men are now located, he is met with a punch from Pena. The pair then brawl before three others — including Moya — join in.

The homeless man appears to grab a knife and stabs Pena, who then can be seen fleeing with blood dripping from his neck and face. 

Henry Toapanta, an illegal immigrant who was arrested in relation to the attack. (Queens District Attorney’s Office)

The homeless man then swings wildly with the knife, and prosecutors say he fatally wounded Moya, who is then seen fleeing with the others. 

Queens District Attorney Melinda Katz said that her office would not be pursuing charges against the homeless man.

“The victim was accosted without provocation, and our investigation has shown that he defended himself while attempting to retrieve his property,” Katz said in a statement. She said the fact that the subways have been outfitted with CCTV cameras was vital to the investigation.

“Our subways must be safe for the millions of people who depend on public transportation.”

She said that the four surviving suspects were indicted by a grand jury and variously charged with attempted gang assault, assault and robbery for allegedly stealing the belongings of the man. 

Oswaldo Walter was part of the group arrested in connection with the attack on a homeless man. (Queens District Attorney’s Office)

Defendants Pena, Henry Toapanta, 32, Oswaldo Walter, 29, Jose Valencia, 35, who are all homeless, were indicted on two counts of robbery in the second degree and assault in the second degree. 

Pena and Walter were additionally charged with attempted gang assault in the first degree. If convicted of the top charges, the defendants face a potential maximum sentence of up to 15 years in prison.

Pena, who was brawling with the homeless man, illegally entered the U.S. in 2019 under the Trump administration but was deported two days later. He re-entered at an unknown date and since then has racked up a significant rap sheet in New York City with arrests for possession of stolen property, robbery, DUI, drug possession, using a vehicle without the owner’s consent and assault. He has also served time in prison but was not deported.

Jose Valencia was part of the group arrested in connection with the attack on a homeless man on Dec. 22. (Queens District Attorney’s Office)

Toapanta is also an illegal immigrantr from Ecuador who entered the U.S. on July 10, 2023. 

Following the Dec. 22 subway incident, ICE lodged immigration detainers against Pena and Toapanta. ICE said it does not have any involvement with Walter or Valencia at this time, and was unable to provide their immigration status.

The homeless man suffered abrasions, lacerations, contusions and bleeding to his head and face and was taken to a local hospital for treatment, the Queens District Attorney’s Office said.