Three homeless men were arraigned in Queens Criminal Court on Tuesday and variously charged with felony robbery, attempted gang assault, and assault for allegedly stealing the belongings of a 69-year-old homeless man who was asleep on a Manhattan-bound 7 train in Woodside early Sunday morning.
The victim woke up and tried to regain his property. During the ensuing brawl, the victim fatally stabbed a 37-year-old assailant and slashed a second man. The victim has not been charged in the fatal stabbing. The investigation by the NYPD’s Queens Homicide Squad and members of the 108th Precinct in Long Island City remains ongoing.
“As alleged, the defendants stole the possessions of a sleeping man on the train,” Queens District Attorney Melinda Katz said. “As he attempted to get his possessions back, the defendants repeatedly punched and kicked the 69-year-old victim. During the altercation, the elderly man stabbed two of his assailants, and one of the men died. As of now, no charges are filed against the elderly victim of the robbery. The investigation into the death is ongoing.”
Defendants Henry Toapanta, 32, Oswaldo Walter, 29, Jose Valencia, 35, and Philipe Pena, 26, are charged with two counts of robbery and assault. Pena and Walter are additionally charged with attempted gang assault.
According to the investigation and criminal complaint, the violent incident began at around 12:20 a.m. on Sunday, Dec. 22, while a 69-year-old man was sleeping on a subway train approaching the 61st Street-Woodside station. Two men, identified as Oswaldo Walter and an unidentified now-deceased man, entered the subway car and began removing the victim’s belongings. Walter took one bag to a second subway car, while the unidentified man removed two additional bags, inadvertently waking the victim.
As the victim attempted to reclaim his belongings, a physical altercation ensued. Walter, along with Pena, Valencia, and Toapanta, entered the car from another subway car and joined the fight. Valencia allegedly restrained the victim while Pena repeatedly punched him.
During the scuffle, the now-deceased man reportedly removed yet another bag and carried it to the second subway car. The victim pursued the group into the second car, where two of his bags were hidden. While the victim was between subway cars, Pena attempted to trap him by closing the subway door and punched him multiple times.
Once the victim entered the second car, he was surrounded by the five men. Walter, Toapanta, and Valencia allegedly concealed one of his bags under a seat and behind their legs. When the victim attempted to retrieve another bag from the floor, Pena reportedly grabbed him and punched him again, while Walter kicked him. Meanwhile, the now-deceased man rummaged through the victim’s spilled belongings on the subway floor.
The chaotic brawl escalated until the victim stabbed two of his attackers.
The 37-year-old man was transported by EMS to Elmhurst Hospital, where he was pronounced dead. Pena suffered slash wounds across his body and was taken to Elmhurst Hospital in stable condition.
The victim suffered abrasions, lacerations, contusions, and bleeding to his head and face and was transported to Elmhurst Hospital for treatment.
“We cannot have thieves ganging up on any individuals inside the transit system,” Katz said. “It is our responsibility to make sure that people have safe access to the subway, which is an intricate part of New York City.”
Toapanta, Walter, and Valencia were arraigned by Judge Maria Gonzalez and were ordered to return to court on Dec. 27. Pena remains hospitalized and will be arraigned at a later date. If convicted of the top charges, the defendants face a potential maximum of up to 15 years in prison.
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