Man accused of setting woman on fire in New York subway ‘fanned flames with shirt,’ prosecutors say

The man accused of setting a woman on fire inside a New York City subway train used a shirt to fan the flames, according to a prosecutor at his arraignment on murder charges on Tuesday.

Prosecutors today alleged that the suspect, Sebastian Zapeta, 33, approached the woman, who may have been sleeping on the train, and set her clothing on fire with a lighter.

Zapeta then fanned the flames with a shirt, engulfing her in fire, Assistant District Attorney Ari Rottenberg stated in court on Tuesday.

After the attack, Zapeta reportedly sat on a bench on the subway platform and watched, Rottenberg added. The victim’s identification is still pending.

Sebastian Zapeta, 2nd left, accused of setting a woman on fire inside a New York City subway train, appears in court, Tuesday, Dec. 24, 2024, in New York. (AP Photo/Curtis Means via Pool)
Sebastian Zapeta, 2nd left, accused of setting a woman on fire inside a New York City subway train, appears in court 
Image:
Unknown)
Zapeta faces two counts of murder, accusing him of intentionally killing the woman and killing her while committing arson. He also faces one count of arson.

The top charge carries a maximum sentence of life in prison without parole. Brooklyn District Attorney Eric Gonzalez described the attack as a “gruesome and senseless act of violence” and vowed it would be “met with the most serious consequences.”

The seemingly random attack took place Sunday morning on an F train stopped at the Coney Island station.

According to Rottenberg, Zapeta told detectives that he didn’t know what happened but identified himself in images of the attack. Zapeta’s lawyer, public defender Andrew Friedman, did not speak to reporters after the arraignment.

A message seeking comment was left for him. Video on social media appears to show some people looking on from the platform and at least one police officer walking by while the woman is on fire inside the train.

NYPD Transit Chief Joseph Gulotta said Sunday that several officers responded to the fire and one stayed to keep the crime scene “the way it’s supposed to be” while the others went to get fire extinguishers and transit workers.”

Officers on patrol on that station’s upper level smelled and saw smoke and went to investigate. What they saw was a person standing inside the train car fully engulfed in flames,” Police Commissioner Jessica Tisch said.

They eventually put the fire out, but “unfortunately, it was too late,” Tisch said, and the woman was pronounced dead at the scene. Zapeta was taken into custody Sunday afternoon while riding a train on the same subway line after teenagers recognized him from images circulated by the police.

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

Federal immigration officials said Zapeta was deported in 2018 but later reentered the U.S. illegally.

The crime has fed into a growing sense of unease among New Yorkers regarding subway safety, further stirred by the chilling video circulating on social media. “It creeped me out real bad,” Deandre Nelson, 22, admitted after witnessing the attack.

While that’s the sentiment for some, others haven’t let it disrupt their daily commutes. “I don’t think it gave me pause,” said Collin Burroughs, 24, “I think it mostly just made me sad.”

Despite unsettling incidents, statistics show major felonies in the transit system have actually seen a 6% decrease from January to November compared to previous year figures, as per data from the Metropolitan Transportation Authority.

However, there’s been a rise in more severe crimes, with homicides increasing to nine this year through November, up from five over the same span last year. High-profile events have also shaken public confidence, such as a September incident when police accidentally shot two bystanders and an officer while responding to a man wielding a knife at a station.

Earlier this month, attention was captured when a Manhattan jury acquitted Daniel Penny, an ex-Marine, involved in the fatal chokehold of an erratic subway commuter, sparking debates concerning safety, homelessness, and mental health within the subway system. Policing New York’s subway presents unique challenges due to its immense scale, incorporating trains running through 472 stations with countless entry points, spanning multiple floors and platforms.

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