Accused subway stabber was defending himself: Queens DA

QUEENS, N.Y. (PIX11) — A homeless man accused of fatally stabbing two people as he was being robbed on a 7 train will not be charged, Queens District Attorney Melinda Katz announced Wednesday. 

Instead, his alleged robbers, four homeless men between the ages of 26 and 32, are being charged with robbery and assault, Katz said. 

Henry Toapanta, Oswaldo Walter, Jose Valencia, and Philipe Pena have all been indicted on multiple charges related to the Dec. 22 attack on a Manhattan-bound 7 train near the 61st Street-Woodside station, Katz said. 

The 69-year-old victim was asleep on the subway around 12:20 a.m. when the suspected robbers took his bags, which woke him up and started a fight, Katz said. Valencia allegedly held the 69-year-old while the others punched him and took his belongings, Katz said. 

The fight continued through multiple subway cars, during which the victim stabbed two of the alleged attackers, killing Stalin Moya, Katz said. 

“The victim was accosted, without provocation, and our investigation has shown that he defended himself while attempting to retrieve his property," Katz said. "Our subways must be safe for the millions of people who depend on public transportation."