‘I’m going to die’: Man who stabbed TTC rider in 2023 awaits sentencing

Moses Lewin, the 27-year-old representing himself in court after stabbing a victim on the Eglington Station subway in 2023, sat in a prisoner’s box in a downtown courtroom Wednesday, awaiting his fate.

Lewin has been in custody since his arrest on July 7, 2023.

One day earlier, Lewin stabbed a stranger on a southbound subway train that was approaching Eglinton Station, leaving the victim with life-threatening injuries and sending dozens of other riders running for cover.

The details are according to an agreed statement of facts read out in court in February, when Lewin pleaded guilty to aggravated assault and failing to comply with a release order.

Lewin was seated on a subway car and had his back turned to the victim, Derek Dyckhoff. Lewin had his phone to his ear and was playing music loudly. Dyckhoff turned to Lewin and asked him to turn the music down as he said it was disrespectful.

Court-obtained facts state that  Lewin was heard replying, “I don’t give a f—,” and, “suck your mom.” Dyckhoff then said something to Lewin which caused him to say, “what did you say to me motherf—er?”

After some verbal sparring, Dyckhoff then stood up and squared off against Lewin, who stood up in response.

Dyckhoff then punched Lewin and kicked him. At this point, Lewin pulled out a knife and stabbed Dyckhoff several times. Dyckhoff was heard telling Lewin, “Yo, you, chill. Stop. Calm down. What are you doing?”

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The facts state that Dyckhoff then ran to the back of the train as Lewin ran after him.

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“As Mr. Dyckhoff reached the conductor’s booth, Mr. Lewin stabbed him several more times, as Mr. Dyckhoff screamed ‘I’m going to die,'” the facts read.

The train conductor pushed the red alarm notifying emergency personnel of the situation.

When the train pulled into Eglinton Station, several people came to the aid of Dyckhoff until emergency personnel arrived.

Meanwhile, Lewin calmly walked back to where he had been sitting, retrieved his sunglasses and a bag, and walked off the subway and out into the street.

Along the way, Lewin discarded the knife used in the assault, which was later found by a TTC custodian and turned over to police.

Lewin was subject to a release order at the time, which included conditions he not possess any weapons and not attend Yonge-Eglinton Station “except while transitioning through on the TTC.”

A day later, after his image had been widely circulated by police, Lewin was “brought to 53 division by a community member.” The facts state, upon seeing police, Lewin fled on foot but was caught by pursuing officers.

As he fled, the knife he discarded and was found by the TTC custodian matched the one used in the assault, showing the DNA of both Lewin and the victim to be present.

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Police also seized his shoes, which were subsequently subjected to DNA analysis. The results found that Dyckhoff’s blood was on the shoes.

After the assault, Dyckhoff was transported to hospital where he underwent emergency surgery to remove his spleen and repair damage to other organs.

He also suffered permanent nerve damage to his pinky finger.

Two weeks after the stabbing, Dyckhoff did an interview with Global News, explaining that while other riders were videotaping the chaos and ran away, he says he felt “alone”.

Lewin has also pleaded guilty to a number of outstanding charges he was facing at the time of the subway stabbing.

He pleaded guilty to theft of a motor vehicle, flight from police and failing to comply with a release order in relation to an incident in Halton in 2022. Lewin also pleaded guilty to resisting arrest in 2022, to weapons dangerous in 2023, and to mischief for breaking a number of TVs while incarcerated earlier this year.

Crown attorney Kate Matthews has indicated the Crown will be seeking a prison sentence of five years minus time served in pre-sentence custody.

According to information contained in a pre-sentence report, Lewin’s mother told the author that he had been diagnosed with schizophrenia in high school but rarely engaged in treatment and often refused medication.

The report also states that Lewin denied having any mental health issues and showed no remorse, with the author concluding he could pose an increased risk to public safety if released.

Lewin has yet to indicate his position on sentencing.

Ontario Court Justice Katrina Mulligan will hear sentencing submissions in January.