NEW YORK, NY — An 83-year-old Air Force veteran died March 17 after being pushed onto Manhattan subway tracks by a Honduran national who had been deported from the United States four times, according to prosecutors.
Richard Williams, a grandfather and cancer survivor, succumbed to his injuries nine days after Bairon Alexander Posada-Hernandez allegedly shoved him onto the tracks at the Lexington Avenue-63rd Street station on March 8. Manhattan District Attorney Alvin Bragg announced Thursday that murder charges against Posada-Hernandez have been upgraded to second-degree murder following Williams’ death. The 34-year-old defendant was initially charged with attempted murder, attempted assault, assault and reckless endangerment after his March 10 arrest at a homeless shelter in Brooklyn.
Authorities said Posada-Hernandez randomly attacked two men that day, first pushing 30-year-old Jhon Pena onto the tracks before targeting Williams. Despite his own injuries, Pena pulled himself and Williams off the tracks moments before a train arrived, according to court documents. Both men were rushed to nearby hospitals, where Pena was listed in stable condition while Williams remained in critical care with a brain bleed that required surgery. “Richard Williams selflessly served our country, and he died at the hands of an illegal alien who NEVER SHOULD HAVE BEEN HERE,” the Senate’s Special Committee on Aging posted on social media Thursday.
Federal immigration records show Posada-Hernandez first entered the United States illegally in January 2008 and has been deported four times, most recently in 2020. The Department of Homeland Security characterized him as a “serial criminal” with 15 prior charges including aggravated assault, domestic violence, drug possession, simple assault, obstruction of police and weapon possession. “Bairon Posada-Hernandez is a serial criminal and four-time deported illegal alien from Honduras who should never have been able to walk our streets and harm innocent Americans,” Deputy Assistant Secretary Lauren Bis said in a statement. It remains unclear when Posada-Hernandez returned to the United States after his 2020 deportation or how he re-entered the country.
The case has intensified criticism of New York City’s sanctuary policies, particularly after Mayor Zohran Mamdani signed an executive order in February requiring federal immigration agents to have warrants before entering city-owned properties including hospitals, schools and shelters. DHS officials condemned the order, saying it turned New York into “a shield for violent criminal illegal aliens to reoffend and create more innocent victims.” The agency placed an immigration detainer on Posada-Hernandez on March 10, the same day he was arrested, requesting that local authorities notify ICE before his release. However, under current city law, ICE is only notified if there is a detainer backed by a judicial warrant and the person has a qualifying recent conviction for a violent or serious crime.
Williams was described by his family as a retired Air Force pilot who had recently survived a five-year battle with prostate cancer. The grandfather of two had been fighting for his life in the hospital since the attack, according to relatives. His death has been officially ruled a homicide by medical examiners. Conservative commentator Carmine Sabia wrote on social media that “a four-time deported 12 time convicted illegal alien murdered a veteran in his 80s” while criticizing the mayor’s lack of public response. Mayor Mamdani has not issued any public statement specifically addressing Williams’ death, and his office did not respond to requests for comment from multiple news outlets.
In a Friday press conference about street safety initiatives, Mamdani called for the complete abolition of Immigration and Customs Enforcement, labeling the federal agency “rogue” and “reckless.” The mayor said ICE “delivers nothing toward the furthering of the cause of public safety” and claimed he has told President Donald Trump both privately and publicly that the agency should be dismantled. “I’ve also been public about my belief that ICE is an entity that should be abolished, and that is critically important in our city, where we’ve seen too many New Yorkers living in fear of even going to what would otherwise be routine immigration check-ins,” Mamdani said. He also endorsed an upcoming “No Kings NYC” protest planned for Saturday in Manhattan, calling demonstrations “an incredibly effective way for New Yorkers to both organize together.”
Defense attorney Mitchell Schuman, representing Posada-Hernandez, declined to comment on the upgraded charges. “We have yet to see the indictment, concluded our investigation or reviewed the expected voluminous discovery materials,” Schuman told reporters. When asked whether Posada-Hernandez would be turned over to ICE, the mayor’s office referred questions to the Department of Corrections, which said it processes immigration detainers “consistent with local law.” DHS officials have called on New York sanctuary politicians to honor the ICE detainer and prevent the defendant’s release back into the community.
Posada-Hernandez is scheduled for arraignment on the upgraded murder charges March 30 in Manhattan Supreme Court. Federal authorities continue to press for his transfer to immigration custody following any resolution of the criminal case.
