Fiston Ngoy: Philadelphia train rape suspect is illegal immigrant, has history of sexual crime
PHILADELPHIA, PENNSYLVANIA: Fiston Ngoy, a 35-year-old Pennsylvania man who brutally raped a woman on a commuter train in suburban Philadelphia, has been living in the United States illegally and should have been deported, police said. Ngoy, who already had a criminal record, overstayed his student visa. He came to the US in 2012 on a student visa, but the Congolese national's visa was terminated in 2015 after he failed to remain a student.
As per court records, Ngoy racked up "multiple arrests and two misdemeanor convictions, one for controlled substances and one for sexual abuse". In 2017, he had pleaded guilty in Washington DC to the sexual abuse misdemeanor, and was subsequently sentenced to 120 days in prison and nine months probation. Although Ngoy was put in immigration detention in January 2018, he was not deported as he received a "withholding of removal" from an immigration judge in March 2019. The Board of Immigration Appeals said he was ineligible for such a stay because his misdemeanor sex offense was not a "serious crime". After his release, Ngoy only had to report to Immigration and Customs Enforcement (ICE) under an order of supervision (OSUP).
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Passengers watched as a woman was raped
Ngoy recently raped a woman on a commuter train in suburban Philadelphia this week in full view of passengers, who allegedly refused to help or even call 911. Superintendent Timothy Bernhardt of the Upper Darby Police Department said that the attack took place at around 10 pm on Wednesday, October 13, and was captured on surveillance video. The videos confirmed that other people were also present in the train car when the woman was attacked.
It was an employee of a Southeastern Pennsylvania Transportation Authority who called the police and said “something wasn’t right” with a woman on the train. An agency spokesperson confirmed that SEPTA police, who were waiting at the next stop, were able to “apprehend the suspect in the act". A police officer eventually found the suspect, partially clothed, on the train and near the survivor. Ngoy was arrested and charged with rape, aggravated indecent assault and related counts, police confirmed.
Ngoy made shocking claims saying he recognized the woman on the train and approached her to start a conversation. He then claims she initiated the sexual encounter and didn't resist his advances. He believed the encounter was consensual, a claim the woman has firmly denied.
The woman called the claims "completely false" and insisted she had never seen Ngoy before or ever given him permission to touch her. The woman claims she had a few beers after work then got on the wrong train. She claimed not to remember anything between boarding the train and the time police pulled Ngoy off her. Given the two contrasting stories, investigators have been forced to rely on surveillance footage, which appears to back the woman's version of events.