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NYC police charge man with murder of woman set on fire on subway

Man accused of setting woman on fire on NYC subway car faces arson and murder charges
Man accused of setting woman on fire on NYC subway car faces arson and murder charges 01:53

NEW YORK -- A man faces first-degree murder charges for allegedly setting a sleeping woman on fire on the New York City subway.

Sebastian Zapeta, 33, was charged Monday with first- and second-degree murder and arson in the wake of the shocking crime on an F train in Coney Island, Brooklyn over the weekend, police said. 

Zapeta, who sources said could be arraigned Monday evening, was taken into custody the day of the fire on the subway after police said three teenagers recognized him from photos released by the NYPD. Police said body camera footage and cameras inside the subway cars spotted him sitting on the platform watching the woman burn to death. 

Zapeta is in New York illegally, according to immigration officials. He reentered the U.S. sometime after being sent back to Guatemala in 2018, they said.   

Woman set on fire on subway in Brooklyn

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An image from New York City police of a man suspected of lighting a woman on fire as she slept in a subway car and killing her on Dec. 22, 2024.  NYPD

Zapeta did not know the woman who was set on fire and there was no interaction between them before the attack, according to investigators. 

The unidentified woman was ignited while she was asleep on an F train at around 7:30 a.m. Sunday at the Coney Island-Stillwell Avenue station, police said. 

"The suspect used what we believe to be a lighter to ignite the victim's clothing, which became fully engulfed in a matter of seconds," NYPD Commissioner Jessica Tisch said at a news conference Sunday evening.

Officers at the station smelled smoke and saw her standing engulfed in flames inside the subway car. With the help of a transit worker, they grabbed a fire extinguisher, but said the woman died at the scene. 

"Unbeknownst to the officers who responded, the suspect had stayed on the scene and was seated on a bench on the platform just outside the train car, and the body worn cameras on the responding officers produced a very clear, detailed look at the killer," Tisch said. "Three high school age New Yorkers called 911 to say that they recognize the suspect. They saw something and they said something, and they did something. 

After getting the tip, detectives said they arrested Zapeta at the 34th Street-Herald Square station a few hours after the incident. He was wearing the same clothes as the person Tisch described and had a lighter in his pocket, officials said. 

U.S. immigration officials sent suspect back to Guatemala in 2018

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The NYPD released this photo of a person of interest after a woman was set on fire and died on the subway in Brooklyn.  NYPD

Zapeta was handcuffed as officers walked him out of the 60th Precinct in Brooklyn on Monday. Police said he lives at a shelter for men in East New York. The shelter did not immediately respond to CBS News New York's request for comment. 

According to Immigrations and Customs Enforcement officials, Zapeta is an "unlawfully present Guatemalan citizen who entered the United States without admission by an immigration official" in 2018 and returned to Guatemala less than a week later.

ICE officials said they do not know when or where Zapeta reentered the U.S. and the agency will launch an immigration detainer against him with NYPD. 

"The depravity of this horrific crime is beyond comprehension, and my office is committed to bringing the perpetrator to justice. This gruesome and senseless act of violence against a vulnerable woman will be met with the most serious consequences," Brooklyn District Attorney Eric Gonzalez said in a statement. "Every New Yorker deserves to feel safe on our subways, and we will do everything in our power to ensure accountability in this case."

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