SEPTA rape investigation: Charges unlikely for riders who saw Philadelphia train attack

Charges are unlikely to be filed against fellow passengers who authorities say did not intervene in an alleged rape on a crowded SEPTA train last week, prosecutors say. Investigators have said some passengers held their phones up in the direction of the incident.

PHILADELPHIA - Prosecutors pursuing the case against a man accused of raping a woman on a commuter train last week don’t anticipate charging fellow passengers for not intervening, a spokesperson for the suburban Philadelphia district attorney said.

Wednesday afternoon, Delaware County District Attorney Jack Stollsteimer released a statement explaining that prosecuting the perpetrator would be the focus of his office's efforts.

"In accordance with my oath and duty, I will focus the efforts of my office on holding the perpetrator accountable. While I share the public’s outrage that such a heinous crime could occur on a public SEPTA train, I want to reiterate that Pennsylvania law does not allow for the prosecution of a passenger who may have witnessed a crime," Stollsteimer said. "Accordingly, any passenger who believes he or she may have observed the October 13th event on the SEPTA train should not fear prosecution. You are encouraged to come forward to share information with law enforcement."

Authorities continue to investigate the Oct. 13 attack, where a woman was repeatedly touched and groped over the course of a 40-minute ride despite trying to push 35-year-old Fiston Ngoy away, according to an arrest affidavit that detailed the surveillance footage from the train.

Investigators say Ngoy ripped the woman's pants off and proceeded to rape her for somewhere between six and eight minutes before officers boarded the train and detained him.

RELATED HEADLINES:

Requests by The Associated Press for surveillance video from the Oct. 13 attack on the Market-Frankford line have been denied, citing the ongoing criminal investigation. It remains unclear exactly how many other passengers were in the vicinity and whether they actually witnessed or recorded what happened on the Southeastern Pennsylvania Transportation Authority train.

Police declined to say how many passengers may have witnessed the assault, but have said it appeared that some held their phones up in the direction of the assault seemingly to film the attack. Police have also declined to say whether investigators have found any photos or videos of the attack posted online.

In an interview Tuesday with radio station WPHT, SEPTA Police Chief Thomas J. Nestel III, said "as many as 10 people" may have seen some part of the attack.

Nestel has said Philadelphia 911 did not receive any calls about the attack. He said Monday operators at Delaware County 911 were still researching whether it received calls. A message to a SEPTA spokesman seeking updated information was not immediately returned Wednesday.

Ngoy is charged with rape and related sexual assault offenses. He was being held on $180,000 bail, awaiting an initial appearance scheduled for Oct. 25. Attorney Mary Elizabeth Welch confirmed the Delaware County Public Defender’s office is representing Ngoy, but said she could not comment on the case Wednesday.

Court records show Ngoy has a history of arrests and convictions under at least three names in Washington D.C., Philadelphia and suburban Southeastern Pennsylvania counties including public intoxication, defecating or urinating in public, public disturbance and other charges.

In D.C., Ngoy pleaded guilty to misdemeanor sexual abuse in November 2017 under the name Jack Falcon, after police said he groped two women on the street near a homeless shelter where he was staying.