Man accused of setting woman on fire in NY subway appears in court

The man accused of murdering a woman by setting her on fire inside a New York subway train used his shirt to fan the flames, a prosecutor said during the charging hearing.

The man accused of killing a woman by setting her on fire inside a New York City subway train used his shirt to fan the flames, a prosecutor said during his arraignment hearing.

Sebastian Zapeta, 33, who federal immigration officials say is a Guatemalan citizen who entered the United States illegally, did not speak at the hearing in Brooklyn criminal court on Tuesday. He was not required to say how he pleaded.

Zapeta, dressed in a white jumpsuit over a worn black hoodie, will remain jailed at the Rikers Island complex and is due back in court on Friday. His lawyer did not request bail.

Zapeta is charged with two counts of murder, for intentionally killing the woman and for killing her while setting a fire. He is also charged with one count of arson. The main charge carries a maximum penalty of life in prison without the possibility of parole.

The attack occurred Sunday morning on a train stopped at the Coney Island station. Identification of the victim is still pending.

Authorities say Zapeta approached the woman, who was apparently sleeping on the train, and set her clothes on fire with a lighter.

Zapeta then used her shirt to fan the fire, which led to her becoming engulfed in flames, Deputy Prosecutor Ari Rottenberg said in court Tuesday.

Zapeta then sat on a bench on the subway platform and watched, according to Rottenberg.

According to Rottenberg, Zapeta told detectives he didn't know what happened, but he identified himself in images related to the attack.

Zapeta's attorney, public defender Andrew Friedman, did not speak to reporters after the hearing. A message was left asking for your comment.

A video posted on social media appears to show some people watching from the platform and at least one police officer passing by while the woman is on fire inside the train.

New York Police Traffic Chief Joseph Gulotta said Sunday that several officers responded to the fire and one stayed behind to keep the crime scene “the way it's supposed to be” while the others went to get fire extinguishers and system workers. of transportation.

“Officers patrolling on an upper level of that station smelled and saw smoke, and went to investigate. What they saw was a person standing inside the train car completely engulfed in flames,” said Police Commissioner Jessica Tisch.

They eventually managed to put out the fire, but “unfortunately, it was too late,” Tisch said. The woman was pronounced dead at the scene.

Zapeta was arrested on Sunday afternoon while traveling on a train on the same metro line after the police received a tip from some teenagers who recognized him from images released by the police.

A Brooklyn address for Zapeta released by police matches a shelter that provides housing and support for addicts. The shelter did not immediately respond to a request for comment.

Federal immigration officials said Zapeta had been deported in 2018, but at some point he illegally reentered the United States.

The crime deepened a growing sense of unease among some New Yorkers about the security of the subway system, amplified by video of the attack that spread on social media.

Overall, according to authorities, crime is down in the transit system this year compared to last year.

Serious crimes decreased 6% between January and November of this year, compared to the same period in 2023, according to data compiled by the Metropolitan Transportation Authority. But homicides are on the rise, with nine deaths through November of this year compared to five in the same period last year.

There have also been several high-profile incidents, including one in September in which police inadvertently shot two bystanders and another officer when they opened fire on a man with a knife in front of a train.

Earlier this month, a Manhattan jury acquitted former Marine Daniel Penny of strangling and killing an agitated subway passenger last year.

Surveillance of the subway is also difficult, given the vast network of trains that constantly move between 472 stations, with each stop having multiple entry points and, at many stations, multiple floors and platforms.