Last Updated on October 21, 2021
The man who allegedly raped a woman on a crowded Philadelphia train was released from immigration detention and never deported, according to Tucker Carlson. 35-year-old Fiston Ngoy, a Congolese national, first entered the United States legally on a student visa.
The visa was terminated in 2015, however, after he did not remain a student. Ngoy is accused of raping a woman on a crowded train traveling from Philadelphia to Upper Darby while bystanders failed to intervene.
Ngoy racked up a serious criminal record while remaining in the country illegally. Multiple arrests resulted in two convictions, one for controlled substances and one for sexual abuse. Ngoy pleaded guilty in 2017 in Washington D.C. to the sexual abuse misdemeanor and was sentenced to 120 days in prison and nine months probation.
He was placed in immigration detention in 2018 but was never deported. Ngoy received a “withholding of removal” from an immigration judge in March 2019 after the Board of Immigration Appeals found that his misdemeanor sex offense was not a “serious crime” that would have made him ineligible for such a stay. He was then released and only had to report into Immigration and Customs Enforcement (ICE) under an order of supervision.
Bystanders allegedly did nothing while the assault took place. Some bystanders allegedly recorded the attack with their phones, according to officials. The only person to call for help was an off-duty SEPTA employee, who called transit police. Officers arrived at the 69th street terminal and arrested Ngoy while the woman was taken to a hospital.
“There was a lot of people, in my opinion, that should have intervened; somebody should have done something,” said Superintendent Timothy Bernhardt of the Upper Darby Police Department. “It speaks to where we are in society; I mean, who would allow something like that to take place? So it’s troubling.”
Ngoy, 35, has been charged with rape, aggravated indecent assault and related counts, according to Delaware County court records. Bernhardt said he is known to both SEPTA and Upper Darby police.