Four men charged with assaulting a homeless passenger on the 7 train in Woodside last month: D.A.

January 8, 2025 Author: Bill Parry

A Queens grand jury indicted four homeless men for assaulting a 69-year-old homeless man who was sleeping on the 7 train in Woodside just before Christmas. The victim woke up while the attackers were stealing his belongings, and a fight broke out, resulting in one of the five perpetrators being stabbed.

Queens District Attorney Melinda Katz announced on Wednesday that it would not press charges against the fatal stabbing victim because he acted in self-defense. Katz also acknowledged that enhanced surveillance on the 7 train provided evidence that her office used to file indictments against the four defendants.

“The victim was accosted without provocation, and our investigation revealed that he was defending himself while attempting to retrieve his property,” Katz said. “As a result, my office will not be filing charges in connection with the death.”

Henryk Toapanta, 32; Oswaldo Walter, 29; and Jose Valencia, 35, were arraigned Tuesday in Queens Supreme Court on an indictment that variously charged them with attempted gang assault, assault and robbery. Philipe Pena, 26, who was also stabbed during the fight, is currently in hospital and was charged on Friday.

Pena and Walter are additionally charged with attempted first-degree gang assault.

According to the investigation and complaint, the victim was asleep on the Manhattan-bound 7 train at approximately 12:20 a.m. on Sunday, December 22. As the train approached the 61st Street-Woodside transfer hub, Walter and Stalin Moya entered the subway car and noticed a sleeping homeless man surrounded by his belongings.

Walter took out one of the victim’s bags and carried it to the other subway car. Moya removed two more bags from the sleeping victim and woke the man up in the process. A physical altercation occurred between the homeless passenger and Moya as the victim attempted to retrieve his property. Pena, Valencia, Toapanta and Walter entered the second subway car and joined the fight. Valencia allegedly grabbed the 69-year-old while Pena and Walter punched him repeatedly. During the fight, Moya allegedly pulled out another bag belonging to the victim and carried it to the other car.

The victim followed the five men to a second subway car, where two of his bags were hidden. However, while he was between cars, Pena tried to close the subway doors behind him and punched him multiple times. When the victim entered the car, Walter, Toapanta and Valencia hid one of their bags under the seat and behind their legs. As the victim tried to pick up his bag from the subway floor, Pena allegedly grabbed him and punched him multiple times while Walter kicked him. Moya allegedly rummaged through the victim’s belongings, which spilled out of her bag onto the subway floor. During the ensuing fight, the victim stabbed Moya and Pena.

Police from 108th Precinct of Long Island City responded to a 911 call regarding an assault in progress and found the victim had suffered abrasions, cuts, contusions and bleeding to the head and face. Police said Moya was lying in a pool of blood with stab wounds to his chest and Pena was slashed in the face. Emergency medical services transported all three men to Elmhurst Hospital, where Moya was pronounced dead a short time later. Police stopped Toapanta, Walter and Valencia on Roosevelt Avenue.

“According to the allegations, the defendants stole the belongings of a sleeping homeless man, which led to a violent altercation in which one of the attackers was stabbed,” Katz said. “A grand jury has again indicted four men on serious charges and they now face significant prison time.”

Toapanta, Walter and Velencia were arraigned before Queens Superior Court Judge Michael Yavinsky, while Pena was arraigned before Judge Danielle Hartman. On February 4, all four were ordered to return to court. If convicted on the main charges, the defendants face a potential maximum penalty of 15 years in prison.

“Our subways must be safe for the millions of people who depend on public transportation,” Katz said. “The New York City subways are equipped with cameras, and the video footage recovered in this case is essential to our prosecution.”

Governor Kathy Hochul joined MTA leadership at the Corona Maintenance Facility in September 2022 to announce a program to install security cameras in every subway car.

“Public safety is Governor Hochul’s top priority and she continues to do everything in her power to keep New Yorkers safe,” said Hochul spokesman Matthew Janiszewski. “That’s why she directed the MTA to install security cameras in every subway car – over 15,000 cameras – and now that the project is complete, these cameras are helping police solve crimes even faster.”

He added that the voivode made it clear: if you commit a crime, you will be caught.

“The indictment secured by District Attorney Katz is proof that the cameras work as intended,” Janiszewski said. “By working with the MTA and New York City, we are stopping crime, increasing the safety of all passengers and restoring public trust in the system.”

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