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Homeless man, 69, seen on video stabbing thugs terrorizing him on NYC subway, killing 1, won’t face charges: DA
New York Post ^ | January 9, 2025 | Georgett Roberts, Jorge Fitz-Gibbon

Posted on 01/10/2025 3:50:23 AM PST by Angelino97

Dramatic video footage captured the moment a 69-year-old homeless man stabbed the thugs who terrorized him on a Queens subway train, killing one and wounding another.

In a twist of justice, it’s the surviving goons who are behind bars.

“The victim was accosted, without provocation, and our investigation has shown that he defended himself while attempting to retrieve his property,” Queens District Attorney Melinda Katz said in a statement Wednesday.

“As a result, my office will not be filing charges for the fatality.”

Footage of the encounter on a 7 train on Dec. 22 shows the victim sleeping on the train shortly before 12:30 a.m. when two brutes - Stalin Moya and Oswaldo Walter - grab one of the man’s bags and take it into a second car.

Moya goes back and grabs more of the victim’s bags — waking him in the process.

The unidentified victim followed Moya into the second car to try to get his things back, only to be attacked and pounded by several men in the group as they scattered and hid his bags.

The footage shows the victim being shoved and slugged repeatedly by the group — until he has enough and pulled out a long knife and slashed his attackers, wounding at least two.

The cowardly thugs then scatter — one seen stumbling away, bleeding from his wounds — as the victim stands in the middle of the empty subway car, still clutching the knife.

Queens prosecutors said Moya was killed and defendant Phillipe Pena was wounded.

Pena, 26, and Walter, 29, and two others — Jose Valencia, 35, and Henry Toapanta, 32 — have now been indicted by a grand jury on robbery and assault charges in the incident.

The DA’s office said all of the suspects are also homeless.

(Excerpt) Read more at nypost.com ...


TOPICS: Crime/Corruption; News/Current Events; US: New York
KEYWORDS:
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1 posted on 01/10/2025 3:50:23 AM PST by Angelino97
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To: Angelino97

All homeless? Yah mean bums. They are not without homes, they are without caring about their own welfare and that of others. Sothey turn to being parasites.
As to the violence, sounds like a pack of KHarris supporters blaming each other.


2 posted on 01/10/2025 3:58:36 AM PST by bobbo666
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To: Angelino97

They don’t mention the immigrant or citizenship status of the attackers.


3 posted on 01/10/2025 4:01:54 AM PST by tired&retired (Blessings )
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To: tired&retired

All have Spanish names.


4 posted on 01/10/2025 4:06:33 AM PST by Angelino97
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To: Angelino97

FA...FO!


5 posted on 01/10/2025 4:09:52 AM PST by wetgundog
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To: Angelino97

Surprised they didn’t charge him for carrying an unlicensed knife.


6 posted on 01/10/2025 4:16:40 AM PST by where's_the_Outrage? (Drain the Swamp. Build the Wall.)
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To: Angelino97
Knives are extremely dangerous weapons against anything short of a gun.

I recommend a small gentleman's pocket knife for daily carry. Pocket clip, assisted opening.

I am reliably informed that if you make a fast figure 8 motion in front of you, virtually no attacker can get at you without massive bleeding.

7 posted on 01/10/2025 4:18:28 AM PST by Uncle Miltie (muslims ARE INBRED IGNORAMUSES. See my "About" page for proof.)
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To: Angelino97; All

The video at the The New York Post shows things pretty well.

The thugs have him cornered and are beating on him.

He manages to access a knife from one of his bags. It has about a seven inch blade. He mostly stabs with it.

The knife is clearly illegal for him to possess in New York City.

“It shall be unlawful for any person to carry on his or her person or have in such person’s possession, in any public place, street, or park any knife which has a blade length of four inches or more.”

https://mdcreekmore.com/new-york-city-knife-laws/

New York City has a history of abusive enforcement of knife laws.

https://www.ammoland.com/2015/01/ny-village-voice-comes-out-for-knife-law-reform/

The DA must be getting a lot of heat not to press charges.


8 posted on 01/10/2025 4:40:00 AM PST by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: Uncle Miltie

9 posted on 01/10/2025 4:43:18 AM PST by Sirius Lee ("Never argue with a fool, onlookers may not be able to tell the difference.")
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To: Uncle Miltie

I carry a ZT0350. Basic black. Great knife.


10 posted on 01/10/2025 4:43:45 AM PST by telescope115 (I NEED MY SPACE!!! 🔭)
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To: telescope115

Yup. Same basic concept. I use my pocket knife about three times a day as a tool. And I have my hand on it any time things look dicey. And it’s in my hand when I sense a threat, and it’s open when someone appears to be aggressive towards me.

Never used it defensively though. Probably bad guys are watching my hands.


11 posted on 01/10/2025 4:48:04 AM PST by Uncle Miltie (muslims ARE INBRED IGNORAMUSES. See my "About" page for proof.)
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To: Angelino97

I would bet that all are 100% here illegally


12 posted on 01/10/2025 4:56:39 AM PST by southernindymom
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To: Angelino97

This is good news.


13 posted on 01/10/2025 5:10:02 AM PST by RinaseaofDs (Imagine what we'll know tomorrow.)
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To: Angelino97

Note the ages of these thugs . Some of them are middle aged.


14 posted on 01/10/2025 5:23:57 AM PST by TalBlack (Time to use the Law and the Power. Good luck Mr. President.)
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To: Uncle Miltie

My Benchmade is a tool. I’m flying out to Las Vegas Sunday for work (really, it’s for work. I hate Las Vegas)

I’ve already shipped out a pocketknife so I can have my tool with me.


15 posted on 01/10/2025 5:26:46 AM PST by cyclotic (Don’t be part of the problem. Be the entire problem)
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To: Angelino97

Reports that when police interviewed the homeless man and asked who he was, he replied…Nobody?


16 posted on 01/10/2025 5:37:58 AM PST by Deaf Smith (When a Texan takes his chances, chances will be taken that's for sure.)
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To: Angelino97

Don’t worry the DA will release the thugs so they can hunt down the old man and kill him.


17 posted on 01/10/2025 5:41:12 AM PST by Mastador1
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To: Angelino97

Looked like 4 against 1.... Who can oppose the guy defending himself?


18 posted on 01/10/2025 5:42:35 AM PST by SMARTY (In politics, stupidity is not a handicap. Napoleon Bonaparte I)
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To: Angelino97

Lord of the flies.


19 posted on 01/10/2025 5:47:13 AM PST by sauropod ("You didn't take a country. You only won a football game!" - Dan Dakich Ne supra crepidam)
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To: bobbo666

The men in question are not homeless.

In point of noted fact, they are all subway dwellers.


20 posted on 01/10/2025 5:49:34 AM PST by bert ( (KE. NP. +12) Where is ZORRO when California so desperately needs him?)
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