Elderly man shoved onto subway tracks dies, prompting murder charge for alleged assailant

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NEW YORK (AP) — An elderly man shoved onto the subway tracks in Manhattan last weekend has died from his injuries and his alleged assailant is now facing charges, authorities in New York City said Thursday.

Richard Williams, 83, of Manhattan, died days after the Sunday incident, according to police. They said Richard had been standing on the Lexington Avenue-63 Street subway platform when a man he didn't know shoved him from behind onto the tracks.

The assailant also shoved a 30-year-old man onto the tracks before fleeing on foot. Both victims were taken to the hospital with injuries.

Police arrested Bairon Hernandez on March 10 after seeking the public's help in identifying the attacker, who was captured on video after the incident.

The 34-year-old Brooklyn resident was initially charged with attempted murder, assault and other charges, but in light of Williams' death, those charges have been upgraded to murder, Manhattan District Attorney Alvin Bragg’s office said.

Hernandez's public defenders declined to comment.

“We have yet to see the indictment, concluded our investigation or reviewed the expected voluminous discovery materials,” said Lupe Todd-Medina, spokesperson for New York County Defender Services.

Hernandez is a Honduran national who has been deported four times since first entering the country illegally in 2008, according to the Department of Homeland Security.

He entered the country illegally a fifth time at an unknown date and location and has a lengthy criminal history, including 15 prior charges of simple assault, domestic violence, obstruction of police, possession of a weapon, drug possession and aggravated assault, the agency said.

Hernandez "should never have been able to walk our streets and harm innocent Americans,” said Lauren Bis, a deputy assistant secretary for DHS.