Everything we know about the subway fire attack that killed a woman

The man accused of lighting a woman on fire on a New York City subway was indicted on state charges on Friday

Subway Burning (Copyright 2020 The Associated Press. All rights reserved.)

The man accused of lighting a woman on fire on a New York City subway and fanning the flames as she burned to death has been indicted on state charges, while authorities are yet to publicly identify the victim.

Sebastian Zapeta, 33, was hit with murder and arson charges on Friday in a Brooklyn court, though he waived his right to a court appearance and remains in custody until his arraignment next month.

Authorities allege Zapeta — who federal immigration officials say is a Guatemalan citizen who entered the U.S. illegally — calmly approached the woman aboard a stationary F train at the Coney Island-Stillwell Avenue station in Brooklyn on Sunday morning and set her clothing ablaze.

New York City Police Commissioner Jessica Tisch on Sunday described the case as “one of the most depraved crimes one person could possibly commit against another human being.”

Here’s the latest:

What do we know about the suspect?

Zapeta was taken into custody on Sunday December 22, hours after police disseminated images of a suspect in the woman’s death.

Police said three high schoolers called 911 after recognizing the person in the image, and officers found him on another subway train in the same gray hoodie, wool hat, paint-splattered pants and tan boots.

Zapeta told investigators that he had drunk a lot of liquor and did not know what had happened. However, he did later identify himself in photos and surveillance video showing the attack.

Sebastian Zapeta, 33, was arrested after being identified by members of the public following the harrowing incident on December 22 (via REUTERS)

U.S. Immigration and Customs Enforcement spokesman Jeff Carter said Zapeta is a Guatemalan citizen who entered the U.S. illegally after he had been previously deported to Guatemala in 2018. It is unclear when and where he reentered the U.S., Carter said.

He was arraigned in Brooklyn criminal court on Tuesday, appearing before a judge while wearing a white jumpsuit. He did not speak.

Assistant District Attorney Ari Rottenberg, during Tuesday’s court hearing, alleged Zapeta lit the woman’s clothing on fire and then fanned the flames using a shirt.

Rottenberg added that under interrogation Zapeta claimed he didn’t know what happened, noting that he consumes alcohol. But he alleged that Zapeta identified himself to interrogators in images of the attack.

A Brooklyn address for Zapeta released by police matches a service center for Samaritan Daytop Village, which provides housing and substance abuse support. The organization did not respond to a request for comment.

On Friday December 27, Brooklyn District Attorney Eric Gonzalez announced that Zapeta had been indicted on charges incuding first degree murder, second degree murder and arson. Gonzalez said that state charges had been brought to ensure that the “maximum penalty” could be sought for the “heinous” crime.

Zapeta was indicted on state charges including murder and arson on Friday, though waived his right to appear in court (AP)

Zapeta waived his right to appear at the hearing, and will be held at New York’s Rikers Island complex until his arraignment on January 7. At this time the full indictment will be unsealed.

What do we know about the victim?

The victim had not been publicly identified as of Tuesday. An NYPD spokesperson said earlier in the day that an identification was still “pending at this time.” Police have described her only as a woman.

Tisch said at a press conference on Sunday that the victim was “in a seated position” at the end of the train car when she was set on fire.

Joseph Gulotta, the department’s chief of transit, added that police don’t believe the suspect and the victim knew each other, and that they did not interact before or during the incident.

On Friday, Gonzalez said “a lot of work” was going into identifying the victim, but she was still unkown. “It's a priority for me, for my office [and] for the police department to identify this woman so we can notify her family of what had happened to her,” he said.

A vigil for the woman was held by community leaders at the Stillwell Avenue Train Station F Line in Coney Island on Thursday.

Civil rights Leader Reverend Kevin McCall said: “We’re calling on the police commissioner, the governor, and the mayor. The slogan in this city is, if you see something, say something. But no one said nothing. No one did nothing.

“They just watched this young lady burn on fire alive. Homeless lives matter. She was burnt up so bad that police couldn’t even identify who she is.”

A vigil for the unideintified woman took place at the Stillwell Avenue Train Station F Line in Coney Island on Thursday (FNTV)

What kind of police presence is there on the subway?

Police patrol the New York City subways, and there is a vast network of cameras in stations and in all subway cars.

But the sheer size of the subway system — 472 stations with multiple entry points and millions of riders each day — makes policing it logistically difficult.

On Sunday, officers were at the station but were patrolling a different platform. They responded after seeing and smelling smoke coming from the fire.

New York Gov. Kathy Hochul earlier this year directed members of the state’s National Guard to assist with random bag checks at certain stations.

Is crime up on the subways?

Violent incidents on the subway and in stations often put people on edge, partly because many New Yorkers take the train multiple times a day and often have their own experiences with uncomfortable interactions in the system.

Broadly, crime is down in the city transit system this year compared to the same period in 2023. Data compiled by the Metropolitan Transportation Authority shows a 6% decline in what the agency calls major felonies between January and November of this year and 2023.

At the same time, murders in the transit system are up, with nine killings this year through November compared to five in the same time frame last year.

High-profile incidents on the train often attract national attention and further unnerve passengers. Daniel Penny, a military veteran who placed an agitated subway rider, was acquitted of homicide this month.

“When you have these incidents, it overshadows the success and it plays on the psyche of New Yorkers,” said New York City Mayor Eric Adams in a Monday interview on PIX 11, noting that many high-profile incidents in the transit system involve people with mental health issues.

The Associated Press contributed reporting.