Queens DA opts not to charge man in fatal subway stabbing
WOODSIDE, Queens (PIX11) -- What began as a group robbery ended in a homicide aboard a subway train.
Prosecutors have provided a rare look into the district attorney's decision not to charge a man in the fatal stabbing, saying surveillance video shows the victim acted in self-defense.
What started as a man's midnight nap on the 7 train led to a shocking and deadly outcome. Not for the 69-year-old, but for one of five men who allegedly tried to rob him in Woodside, Queens.
Surveillance video from the Dec. 22 subway ride captured the incident. A group of men is seen attempting to steal the homeless man’s belongings.
“It’s not good for the homeless to live in subways, but our shelters are dangerous too,” said City Councilmember Robert Holden, who leads the public safety committee.
After being awakened, the man tried to retrieve his bags, pursuing the suspects through the train cars. Prosecutors said he was violently accosted, and the man, who was some 30 years older than the suspects, fought back by pulling out a knife. He fatally stabbed a 37-year-old man in the process.
Queens District Attorney Melinda Katz has decided not to prosecute him, citing self-defense.
“This is a good case where a DA should recognize when an innocent victim fights back, they should not be charged with a crime,” Holden said.
However, four other men involved in the alleged robbery were indicted by a grand jury.
“I am mystified, absolutely mystified by that failure to prosecute. He chased after people with a knife and stabbed two of them,” said David Bart, a public defender representing one of the suspects.
The deadly encounter occurred the same day a homeless woman was set on fire aboard a train in Coney Island. Officials said new subway cameras were critical in making arrests in both cases.
“I can’t tell you how many crimes have been solved because of that,” said Gov. Kathy Hochul. “Riders know it’s watching and it becomes a deterrent.”
The four robbery suspects face up to 15 years in prison if convicted. U.S. immigration officials are also reviewing their status.