A 69-year-old homeless man who fatally stabbed an attacker on a Queens subway train will not face charges, prosecutors confirmed Wednesday. The incident, which occurred on December 22 aboard a 7 train, unfolded after a group of five men began stealing the man’s belongings and brutally assaulting him when he attempted to recover them.
Queens District Attorney Melinda Katz stated the investigation revealed the man acted in self-defense. “The victim was accosted, without provocation, and our investigation has shown that he defended himself while attempting to retrieve his property,” Katz said. As a result, no charges will be filed against the man for the fatality.
Surveillance footage captured the violent encounter. The homeless man, who was sleeping on the train shortly after midnight, awoke to discover two men—identified as Stalin Moya and Oswaldo Walter—taking his bags into another car. Moya returned to grab more belongings, prompting the victim to follow them in an attempt to retrieve his property.
Once in the second car, the man was surrounded and repeatedly beaten by the group. After enduring blows and being shoved, the victim pulled out a knife and stabbed Moya and another attacker, Phillipe Pena. Moya died from his injuries, while Pena was wounded. The surviving assailants fled the scene, leaving the victim standing alone with the weapon.
Prosecutors revealed that both Moya and Pena had criminal histories and that their actions initiated the violent altercation. The homeless man’s decision to defend himself echoes other high-profile cases of self-defense on New York City’s subways, including the acquittal of Marine Daniel Penny in 2023 following the chokehold death of Jordan Neely on an F train.
This case highlights ongoing concerns about safety and rising crime on public transit in New York City, raising broader questions about the rights of citizens to defend themselves when faced with violence.
