35-year-old Fiston Ngoy was arrested on charges including rape, sexual assault, and aggravated indecent assault without consent.
Fox News’ Tucker Carlson confirmed that Ngoy came to the U.S. legally in 2012 on a student visa, but his visa was terminated in 2015.
Ngoy was reportedly never deported because “he received a ‘withholding of removal’ from an immigration judge in March 2019.”
Ngoy pled guilty in 2017 in Washington D.C. to the sexual abuse misdemeanor and was sentenced to 120 days in prison and nine months probation.
The Board of Immigration Appeals previously found that his misdemeanor sex offense was not a “serious crime” so he remained in the U.S. and wasn’t deported.
Court records reveal he has “multiple arrests and two misdemeanor convictions, one for controlled substances and one for sexual abuse.”
Ngoy, who is a Congolese national, failed to remain a student and became homeless.
During the most recent incident, Ngoy allegedly attacked a woman on board a train near Philadelphia.
Multiple witnesses failed to intervene or call 911, the report says.
Ngoy allegedly tore off the woman’s clothes and assaulted her.
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Police said Monday that the man harassed the woman for about 40 minutes while nobody on the train intervened. He eventually began ripping off her clothes, sexually assaulting, and raping her as she attempted to push him away, police said according to WPVI. Ngoy told police in a statement that he knew the woman, but could not remember her name. He also claimed that the encounter was consensual.
Reports have suggested that those who watched the rape happen and did not intervene could face criminal charges, although prosecuting such a case would be tricky.
“I’m appalled by those who did nothing to help this woman,” Timothy Bernhardt, the superintendent of the Upper Darby Township Police Department, said. “Anybody that was on that train has to look in the mirror and ask why they didn’t intervene or why they didn’t do something.”
Bernhardt said that there were enough people in the train car that “collectively, they could have gotten together and done something.”
“What this woman endured at the hands of this guy, what she’s been able to provide for us, it’s been unbelievable,” Bernhardt said.
Alexis Piquero, a criminologist at the University of Miami, said, “The onus is really on us as a collective because we can’t always rely on the police. We have to rely on one another.”
“We need a world where people are doing the right thing when you see someone assaulted,” Piquero added.