Video shows deadly fight on NYC subway after alleged thieves target sleeping passenger
NEW YORK -- Exclusive video obtained by CBS News New York shows another violent subway crime. This time, a sleeping passenger was targeted during a robbery in Queens.
Prosecutors say that altercation led to a fight, in which the robbery victim killed one of the alleged thieves.
The theft victim, who prosecutors say is homeless, is not facing charges. The robbery suspects, however, faced a judge in Queens Criminal Court on Tuesday.
What the video shows
The MTA security video shows a group of five men on a Manhattan-bound 7 train just after midnight on Dec. 22. Prosecutors say two of them stole bags from a sleeping 69-year-old passenger and took them to another car. The theft victim woke up, struck one of the suspects, and a fight started, with at least four different men at some point either grabbing or punching the theft victim.
"We can't stand for that in New York City. The subway system is way too important. The subway system has to be there for individuals to be able to take in safety and predictability," Queens District Attorney Melinda Katz said.
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The footage shows the fight continuing in the next car, where police say one of the victim's bags sat under a seat and another on the floor nearby. He appears to reach into his bag and grab something. Prosecutors say the theft victim then stabbed two of the men in the group, killing one.
"This is a case that almost every commuter, or every individual who has taken the subway can relate to -- an individual who is sleeping with his possessions with him and who suddenly gets woken up to a robbery and wants to simply get his property back and protect his self," Katz said.
Charges the robbery suspects face and possible penalties
The four men who survived from the group of five suspects -- Henry Toapanta, Oswalo Walter, Jose Valencia and Philipe Pena -- were charged with second-degree robbery and assault.
Pena and Walter were also charged with attempted gang assault.
"They turned something that was a garden variety robbery because someone else killed somebody and they never arrested him, they never charged him. They kind of let him walk off, even though he chased after and killed one of them and wounded another. And they're going after these guys," said David Bart, Walter's attorney.
"My client in particular was passive. He didn't seem to have any sort of aggressive role. He committed no assault and he committed no robbery, because robbery has an assault component," said Susan Silverman, who is representing Valencia.
Three of the suspects were arraigned Tuesday. Pena was already arraigned earlier this month. He has been in the hospital as a result of the stabbing.
All four, who are between the ages of 26 and 32, have entered pleas of not guilty.
Each faces up to 15 years in prison if convicted.
