A 69-year-old homeless man sleeping on a New York City subway train fought back against a group of individuals attempting to rob him, resulting in the death of one of the assailants. The incident, captured on surveillance footage, unfolded as a struggle over the man's belongings.

Immigration and Customs Enforcement (ICE) confirmed that at least three of the alleged attackers are undocumented immigrants, including the deceased. Two of them reportedly have extensive criminal records in New York City. The deceased, identified as 37-year-old Stalin Moya from Ecuador, had multiple prior arrests for offenses such as assault, robbery, and weapons possession.

The incident occurred on December 22nd, shortly before another reported attack where a homeless woman was allegedly set on fire and killed on a Brooklyn subway. This series of events highlights ongoing concerns about crime on the city's transit system.

According to prosecutors, the homeless man was asleep on a Number 7 train in Queens when he was confronted by the group around 12:20 a.m. During the ensuing altercation, he was punched and kicked before reportedly using a knife to stab two of his attackers. One, Moya, died from his injuries.

The Queens District Attorney's office has decided not to press charges against the homeless man, citing self-defense. Four other suspects are facing charges related to the attack, including attempted gang assault, assault, and robbery.

The four charged suspects are Fidel Leon Hernandez (also known as Philipe Pena), 26, from Mexico; Henry Toapanta, 32; Oswaldo Walter, 29; and Jose Valencia, 35. All are reportedly homeless. Pena, who allegedly had a physical altercation with the homeless man, had previously been deported from the U.S. in 2019 but re-entered at a later date. He has a record of arrests for various crimes including theft, robbery, DUI, drug possession, unauthorized use of a vehicle, and assault. Toapanta is also an undocumented immigrant from Ecuador. ICE has placed immigration detainers on both Pena and Toapanta.

The homeless man sustained injuries to his head and face and received medical treatment at a local hospital.