Man accused of fatally burning woman on NYC subway indicted for murder and arson, Brooklyn DA says
NEW YORK -- A grand jury has indicted the man accused of fatally setting a woman on fire a New York City subway train, Brooklyn District Attorney Eric Gonzalez announced Friday.
Investigators said Sebastian Zapeta, 33, used a lighter to set the unidentified woman's clothes on fire as she slept inside a train car at the Coney Island-Stillwell Avenue station on Dec. 22.
Zapeta used a shirt to fan the flames, according to the criminal complaint. He is charged with one court of 1st degree murder, three counts of 2nd degree murder and one court of 1st degree arson related to the attack.
"These are significant counts. Murder in the first degree carries the possibility of life without parole. It's the most serious statute in New York state law, and my office is very confident about the evidence in this case and our ability to hold Zapeta accountable for his dastardly deeds," Gonzalez said.
The DA noted the disturbing details of the crime.
"This was a malicious deed. A sleeping, vulnerable woman on our subway system. This act surprised many New Yorkers as they were getting ready to celebrate the holidays," Gonzalez said. "I want to thank the grand jurors in this case. You know, right around the holiday to have to see the video and the imagest of a woman set on fire is, very, it's very hard to deal with."
Zapeta waived his Friday court appearance and will be arraigned Jan. 7, when the indictment will be officially unsealed.
Immigration and Customs Enforcement officials said Zapeta entered the U.S. illegally from Guatemala in 2018 and was deported, but he reentered sometime afterwards.
State vs. federal charges
Mayor Eric Adams' office is pushing for federal charges to be added against Zapeta under the federal arson statute, but Gonzalez noted the state charges carry a more severe penalty.
"We believe very strongly that this case belongs in state court, because the charges here are more significant in state court than currently in federal court. But we have a very strong working relationship with our federal partners, and of course we'll always do what's in the best interest of the people of the state of New York," Gonzalez said.
"Lighting another human being on fire and watching them burn alive reflects a level of evil that cannot be tolerated," a statement from the mayor's office said.
Gonzalez said the killing was "intentional" and that his team intends to prove it in court.
"It's clear that it appears that a lighter was used to set her on fire," he said.
Victim still unidentified
While the identity of the woman fatally burned on the subway remains unknown, officials believe she may have been homeless.
Gonzalez said investigators are working to figure out who she is.
"Her body was badly burned, and so advanced fingerprinting efforts are being made, as well as advanced DNA evidence to identify her. We have made some progress in that area, but I'm not at liberty to get into specifics now," Gonzalez said.
Thursday, community leaders gathered on the F train platform at the Stillwell station in Coney Island to pray for her. They called her death a systemic failure.
"Her life mattered. Thank God they caught the person that did this. But it's not just the person's fault. It's the system's fault. The system failed," Rev. Kevin McCall said. "Homeless lives matter. She was burned up so bad the police could not even identify who she is."
