An 83-year-old man shoved onto the tracks of the Lexington Avenue-63 Street subway station in Manhattan last weekend died days later from his injuries, New York City authorities said. Police described the Sunday attack as occurring while Richard Williams stood on the platform and a man he did not know shoved him from behind onto the tracks. The death followed a separate shoving incident police said involved another rider in the same attack, before the alleged assailant fled.
Police said the second victim, a 30-year-old man, was also shoved onto the tracks and taken to a hospital with injuries. Authorities said both attacks were captured on video and that investigators identified and located the suspected attacker with help from the public.
Investigators arrested Bairon Hernandez on March 10 after seeking public assistance identifying the attacker, police said. The authorities also said Hernandez, described as a Brooklyn resident, was initially charged with attempted murder, assault and other charges in the case.
Manhattan District Attorney Alvin Bragg’s office said Thursday that the charges were upgraded in light of Williams’ death. The office said the initial charges have been changed to murder, reflecting the outcome of the injuries from the shove.
Hernandez is expected to have his case litigated as prosecutors proceed toward an indictment, according to the attorney statement provided by defender services. Lupe Todd-Medina, a spokesperson for New York County Defender Services, said, “We have yet to see the indictment, concluded our investigation or reviewed the expected voluminous discovery materials,” describing the status of defense review at this stage of the proceedings.
Todd-Medina’s remarks came after police said Hernandez’s defense team declined to comment. The case also drew statements from federal immigration officials cited by the Associated Press, which said Hernandez has been deported four times since first entering the country in 2008.
The Department of Homeland Security said Hernandez entered the country illegally a fifth time at an unknown date and location and has a criminal history that includes 15 prior charges of simple assault, domestic violence, obstruction of police, possession of a weapon, drug possession and aggravated assault, according to the agency. DHS deputy assistant secretary Lauren Bis said Hernandez “should never have been able to walk our streets and harm innocent Americans,” in a quoted statement included in the report.
Prosecutors’ decision to upgrade the charges after Williams’ death means the criminal case will now reflect the attack’s fatal outcome rather than only the initial allegations involving attempted murder, officials said. The matter continues as authorities move through the next steps of charging and disclosure, with defense attorneys still awaiting the indictment and materials they said they have not yet reviewed.