Illegal Migrant Charged with Murder After Woman Burned to Death on Subway
A tragic incident unfolded on Dec. 22 when a Guatemalan illegal migrant allegedly set fire to a homeless woman on a subway in Brooklyn, resulting in her death. This incident is part of a larger issue of migrant and subway-related crimes causing distress in the city.
According to prosecutors, the incident began when an unidentified homeless man was sleeping on a Number 7 subway train in Queens. He was approached by a group of men around 12:20 a.m., leading to a confrontation where the homeless man was physically assaulted. In self-defense, the homeless man managed to stab two of his attackers, resulting in the death of one.
Four suspects are now facing charges for their involvement in attacking the homeless man. This decision not to prosecute the homeless man follows a recent case where a former Marine was acquitted for a similar incident involving the death of a homeless man on a New York City subway.
Video footage of the subway incident captures the unfolding events, showing the suspects grabbing the homeless man’s belongings while he was asleep. A scuffle breaks out, leading to a physical altercation between the homeless man and the suspects. Eventually, the situation is calmed by a bystander, but the conflict escalates when the suspects re-engage the homeless man in another carriage.
During the ensuing brawl, the homeless man defends himself with a knife, resulting in the fatal stabbing of one of the suspects. The district attorney’s office has decided not to press charges against the homeless man, citing his actions as self-defense in response to being attacked without provocation.
The surviving suspects have been indicted on various charges, including attempted gang assault, assault, and robbery for stealing the homeless man’s belongings. The district attorney emphasized the importance of ensuring subway safety for all passengers, highlighting the role of CCTV cameras in the investigation.
In conclusion, the incident underscores the need for enhanced security measures on the city’s subways to prevent such tragic events from reoccurring.
Charges of robbery in the second degree and assault in the second degree have been filed against Pena and Walter. Additionally, Pena and Walter faced a charge of attempted gang assault in the first degree. If found guilty of the most serious charges, the defendants could receive a maximum sentence of up to 15 years in prison.
Pena, who was involved in a physical altercation with a homeless man, unlawfully entered the United States in 2019 during the Trump administration. However, he was deported just two days later. Despite this, Pena managed to re-enter the country at an undisclosed later date and has since accumulated a substantial criminal record in New York City. His past offenses include arrests for possession of stolen property, robbery, driving under the influence, drug possession, unauthorized vehicle use, and assault. Although Pena has served time in prison, he was not deported.
Toapanta, another individual involved in the incident, is an undocumented immigrant from Ecuador who entered the United States on July 10, 2023. Following the altercation in the subway on December 22, Immigration and Customs Enforcement (ICE) issued immigration detainers against both Pena and Toapanta. ICE has confirmed that it has no current involvement with Walter or Valencia and was unable to provide information on their immigration status.
The victim in this case, a homeless man, sustained abrasions, lacerations, contusions, and bleeding to his head and face. He was promptly taken to a local hospital for medical treatment, as reported by the Queens District Attorney’s Office.
Original article source: Man avoids prosecution for fighting back against migrant subway attack, fatally stabbing 1
