Man who stabbed two attackers on NYC subway, killing one, won't be charged criminally: Prosecutor

“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 on Wednesday. “

Published: January 10, 2025 1:42pm

A 69-year-old man who stabbed two of his attackers on the New York City subway, killing one, will not be criminally charged, the prosecutor announced.

The four male attackers have been indicted on assault and robbery charges, according to the Associated Press.

The men were attempting to steal the man's bags on a Queens train and they began punching and kicking him. The man stabbed Stalin Moya and Philipe Pena. Moya, 37, died from his injuries afterward. 

The man who was attacked suffered from "abrasions, lacerations, contusions and bleeding to his head and face," according to the AP.

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

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