NY Subway: Homeless Man Sends Attackers Running in Bloody Mess as Authorities Fail to Help

One borough away from where Daniel Penny was charged after trying to prevent subway violence, a different form of justice has prevailed.

Penny was charged by Manhattan District Attorney Alvin Bragg with manslaughter and criminally negligent homicide because he contained Jordan Neely using a chokehold after Nelly talked about committing violence. Neely later died. A jury found Penny not guilty.

Over in Queens, a victim who fought back, killing an attacker, will not be charged with a crime, but all four of his attackers have been indicted, according to the New York Post.

“This is a case that almost every commuter, or every individual who has taken the subway can relate to — an individual who is sleeping with his possessions with him and who suddenly gets woken up to a robbery and wants to simply get his property back and protect his self,” Queens District Attorney Melinda Katz said, according to CBS.

The incident took place on a New York City subway at about 12:30 a.m. on Dec. 22 when, according to video evidence, one man took a bag from a 69-year-old homeless man and went into another car from where the man was sleeping, the Post reported. Another man then took more of the homeless man’s possessions.

The homeless man confronted the men who stole from him and a fight ensued.

After being struck by the men, the homeless man produced a knife and fought back. One of his attackers identified as Stalin Moya was killed and another was wounded.

According to a statement on the website of the Queens DA, four homeless men were charged in the attack.

A partial video of the encounter can be seen below.

STREET JUSTICE: Victim being targeted by violent thieves on NYC subway stabs one of the men to death, no charges were filed against him pic.twitter.com/JVLWkGDwcB

— Southern Patriot 1949 (@AlexPer51573831) January 9, 2025

These invaders must be removed from our society.https://t.co/5n74j4GIzk pic.twitter.com/UiMLsjGcvL

— 𝕮𝖍𝖗𝖎𝖘𝖙𝖔𝖕𝖍𝖊𝖗 (@Sonnenburn) January 10, 2025

Henry Toapanta, 32; Oswaldo Walter, 29; Jose Valencia, 35; and Philipe Pena, 26, were indicted on two counts of second-degree robbery and second-degree assault. Pena and Walter were also charged with first-degree attempted gang assault in the first degree.

Katz said the homeless man will not face charges in Moya’s death.

“The victim was accosted, without provocation, and our investigation has shown that he defended himself while attempting to retrieve his property.  As a result, my office will not be filing charges for the fatality,” she said.

“As alleged, the defendants stole the possessions of a sleeping homeless man, leading to a violent altercation with one of the assailants being stabbed to death,” she said.

Katz indicated that video evidence was crucial in the case.

Homeless man, 69, seen on video stabbing thugs terrorizing him on NYC subway, killing 1, won’t face charges: DA https://t.co/ZOk5clgfxp pic.twitter.com/7BdqKJzx9Z

— New York Post (@nypost) January 10, 2025

“Our subways must be safe for the millions of people who depend on public transportation. The New York City subway system has been outfitted with cameras and the video recovered in this case is vital to our prosecution,” she said.

“We cannot have thieves ganging up on any individuals inside the transit system,” Katz said, according to the Queens Gazette. “It is our responsibility to make sure that people have safe access to the subway, which is an intricate part of New York City.”

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