Four surviving men whose attempt to rob a 69-year-old homeless man sleeping on a 7 train in Queens backfired when he fought back — killing their companion — have been charged with assault and attempted robbery, the Queens district attorney’s office announced Tuesday.
Just after midnight Sunday, a gang of five men surrounded the sleeping rider and tried to take his bagged belongings as the train approached the 61st St. and Woodside Ave. station in Woodside — punching and kicking him when he woke up and struggled to grab back his bags, authorities said. In the fray, the man stabbed two of his assailants, killing one.
“We cannot have thieves ganging up on any individuals inside the transit system. It is our responsibility to make sure that people have safe access to the subway, which is an intricate part of New York City,” Queens district attorney’s Melinda Katz said in a statement.
Henry Toapanta, 32; Oswaldo Walter, 29; Jose Valencia, 35; and Philipe Pena, 26, have been charged with assault and robbery. All are unhoused, according to a statement from the DA’s office.
“Several” of the men are “undocumented,” a law enforcement source said, although their individual immigration statuses were not immediately known. It was not immediately clear where they immigrated from, or when they arrived in the U.S.
Charges have not been filed so far against the homeless man in relation to the fatal stabbing; it was not immediately clear if he will be charged at a later date.
The investigation into the death is ongoing.