Migrant charged with raping unconscious man who later died on nyc subway

A Brooklyn man has been arrested and charged with first-degree rape after allegedly assaulting an unconscious male passenger aboard a New York City subway train earlier this month, police said Monday.

Felix Rojas, 44, was taken into custody Sunday night by officers from the NYPD’s 1st Precinct following an investigation led by the department’s Special Victims Division. The incident occurred at approximately 12:20 a.m. on April 9 aboard a southbound R train near the Whitehall Street station in Manhattan.

According to police, Rojas engaged in sexual contact with an unconscious and unresponsive man on the train before fleeing on foot. The victim was later determined to be deceased, though authorities have not released a cause of death.

Police said investigators used surveillance footage, forensic evidence, and tips from the public to identify Rojas. He was located at a residence on 79th Street in Brooklyn and arrested without incident.

Authorities silent on immigration status amid political claims

The NYPD had previously released images of the suspect to assist with identification. Officials have not disclosed whether community tips directly led to the arrest or if forensic evidence played a more significant role.

In the wake of the arrest, former U.S. Rep. Sean Duffy claimed on social media that Rojas had entered the country illegally multiple times, writing, “Turns out the man accused of raping a corpse on the New York City subway is an illegal who crossed the border five times.” The NYPD and U.S. Immigration and Customs Enforcement have not confirmed Rojas’s immigration status, and no federal charges have been filed.

State and city leaders, including New York Gov. Kathy Hochul, have not commented on the case or the immigration claims. Rojas’s arraignment in Manhattan Criminal Court is pending, and authorities have not said whether he has retained legal counsel.

Officials said no additional suspects are being sought, and the investigation remains active.

Police arrest Brooklyn man accused of raping deceased passenger on NYC subway.

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