Three homeless men were arraigned in Queens Criminal Court on Tuesday and variously charged with felony robbery, attempted gang assault, and assault for allegedly stealing the belongings of a 69-year-old homeless man who was asleep on a Manhattan-bound 7 train in Woodside early Sunday morning.
The victim woke up and tried to regain his property. During the ensuing brawl, the victim fatally stabbed a 37-year-old assailant and slashed a second man. The victim has not been charged in the fatal stabbing. The investigation by the NYPD’s Queens Homicide Squad and members of the 108th Precinct in Long Island City remains ongoing.
“As alleged, the defendants stole the possessions of a sleeping man on the train,” Queens District Attorney Melinda Katz said. “As he attempted to get his possessions back, the defendants repeatedly punched and kicked the 69-year-old victim. During the altercation, the elderly man stabbed two of his assailants, and one of the men died. As of now, no charges are filed against the elderly victim of the robbery. The investigation into the death is ongoing.”
Defendants Henry Toapanta, 32, Oswaldo Walter, 29, Jose Valencia, 35, and Philipe Pena, 26, are charged with two counts of robbery and assault. Pena and Walter are additionally charged with attempted gang assault.