Suspect Accused of Setting Woman on Fire in New York City Subway Arraigned; Reportedly Has No Memory of the Attack

The suspect, an illegal immigrant, is facing murder and arson charges.

AP/Curtis Means
Sebastian Zapeta, accused of setting a woman on fire inside a New York City subway train, appears in court, December 24, 2024, at New York. AP/Curtis Means

An illegal immigrant from Guatemala accused of setting a woman on fire in a subway train at New York City and watching her burn to death insists he has no memory of the horrifying attack.

Brooklyn authorities arraigned the suspect, Sebastian Zapeta-Calil, on first and second-degree murder and arson charges on Tuesday. He will remain jailed until his next court date, set for next Friday.

Mr. Zapeta was arrested on Sunday shortly after allegedly killing the woman. Police found a lighter in his pocket. Assistant District Attorney Ari Rottenberg told the Associated Press that under interrogation Mr. Zapeta said he didn’t know what happened, noting that he consumes alcohol. The AP reported Mr. Zapeta’s residence as a Brooklyn shelter that provides housing and substance abuse support.

The New York Police Department did not respond to the Sun’s request for comment by the time of publication. 

Police say the suspect and the female victim, who had not been publicly identified as of Tuesday afternoon, were riding the F train together on Sunday morning around 7:30 a.m.

Investigators say Mr. Zapeta, 33, approached the woman, whom they do not believe he knew, and used his lighter to set her on fire. The New York Police Department commissioner, Jessica Tisch, said the victim “became fully engulfed in a matter of seconds.”

“Officers who were on patrol 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 fully engulfed in flames,” Ms. Tisch said.

She said an MTA employee attempted to extinguish the flames, but “unfortunately, it was too late.” 

While officers responded to the arson attack and attempted to save the woman, they did not notice at the time that the suspect was seated on a bench watching his alleged victim burn to death as she stood near the door of the subway train.

However, officers reviewed bodycam footage, which provided a “very clear, detailed look” of the suspect. The footage was shared with the public, which helped lead to his arrest later that day. 

Videos taken by bystanders allegedly show Mr. Zapeta appearing to fan the flames of his victims as bystanders stand by watching. The videos have sparked outrage online as users questioned why people appeared more interested in filming or watching the woman burn rather than trying to help her. 

Footage also appeared to show an NYPD officer strolling by the woman on fire and declining to help her. The NYPD chief of transit, Joseph Gulotta, told reporters that officers were responding to the arson attack, and an officer was outside the train to ensure the crime scene stayed the “way it’s supposed to be.”

A spokeswoman for Immigrations and Customs Enforcement, Marie Ferguson, told Fox News that Mr. Zapeta-Calil is in America illegally. 

Ms. Ferguson said he was arrested by Border Patrol on June 1, 2018, and deported on June 7, 2018. She added he re-entered the country illegally “on an unknown date and location.”

The arson attack comes days after Governor Hochul deployed an additional 250 National Guard members to help patrol the subway system in an attempt to deter crime. Just hours after the attack, Ms. Hochul boasted on X about how “crime is going down” thanks to her policies.


The New York Sun

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