New York | Man accused of subway murder fanned flames with clothing

(New York) The man accused of burning a woman alive on the New York subway used a shirt to fan the flames, a prosecutor said Tuesday during his indictment on murder charges.

Sebastian Zapeta, 33, who federal immigration officials say is a Guatemalan citizen who entered the United States illegally, was not required to plead guilty and did not speak at the hearing in Brooklyn Criminal Court.

Zapeta, who wore a white jumpsuit over a black hoodie, will remain jailed at the Rikers Island complex and is expected to return to court Friday. His lawyer did not request bail.

Zapeta is charged with two counts of murder for intentionally killing the woman and killing her while committing arson. He also faces one count of arson. The most serious charge carries a maximum sentence of life in prison without parole.

Brooklyn District Attorney Eric Gonzalez called the attack a “horrific and senseless act of violence” and said it would “be met with the most serious consequences.” The apparently random attack occurred Sunday morning on an F line train that was stopped at Coney Island station. The identification of the victim has not yet been made.

Authorities say Zapeta approached the woman, who may have been sleeping on the train, and set her clothes on fire with a lighter.

Zapeta then fanned the flames with a shirt, engulfing it in fire, Assistant Prosecutor Ari Rottenberg told the court Tuesday.

Zapeta then sat on a bench on the subway platform and watched the scene.

Rottenberg said Zapeta told detectives he didn't know what happened but recognized himself in footage of the attack.

Zapeta's attorney, 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 people watching from the platform and at least one police officer passing by as the woman burns inside the train.

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

“Officers who were patrolling a higher level of this station smelled and saw smoke and went to investigate. What they saw was a person standing inside the train car fully engulfed in flames,” said Police Commissioner Jessica Tisch.

They finally put out the fire, but “unfortunately, it was too late,” said M.^me Tisch, and the woman was pronounced dead at the scene.

Zapeta was taken into custody on Sunday afternoon while traveling on a train on the same metro line after teenagers recognized him from images released by police.

A Brooklyn address for Zapeta released by police matches a shelter that provides housing and addiction support.

Federal immigration officials said Zapeta was deported in 2018 but then re-entered the United States illegally.

Crime down in the metro

This crime reinforced the growing sense of unease among some New Yorkers about subway security, amplified by an explicit video of the attack posted on social media.

Overall, crime is down across the transportation system compared to last year. Major crimes decreased 6% between January and November compared to the same period last year, according to data from the Metropolitan Transportation Authority. But murders are on the rise, with nine homicides, compared to five during the same period in 2023.

There have also been several high-profile incidents, including one in September where police inadvertently shot two bystanders and a fellow officer when they opened fire on a man holding a knife in front of a train.

Earlier this month, a Manhattan jury acquitted former Marine Daniel Penny in the strangulation death last year of an agitated subway passenger.