Man accused of burning woman to death on NYC subway pleads not guilty to murder, arson

Jan. 7, 2025, 11:13 a.m.

Sebastian Zapeta faces up to life in prison without parole if convicted of the most serious charge.

A view from the scene where a woman died after being lit on fire by a man aboard an MTA subway train as she slept at the Coney Island-Stillwell Avenue subway station in the Coney Island section of Brooklyn, New York, United States on Sunday, December 22, 2024.

The man accused of fatally lighting a subway rider on fire in Coney Island last month pleaded not guilty on Tuesday to murder and arson charges in Brooklyn state court.

Sebastian Zapeta, 33, ignited Debrina Kawam’s clothing, fanned the flames and watched her burn to death early on the morning of Dec. 22, according to prosecutors. Authorities do not believe the two knew each other, but Brooklyn District Attorney Eric Gonzalez has said his office thinks Zapeta either killed Kawam intentionally or acted with “depraved indifference” for her life.

The deadly fire on the F train was one of several high-profile acts of violence in New York City's subway system at the end of last year, even as transit crime dropped overall in 2024. The NYPD on Monday pledged to send 200 more officers into the subway, with a focus on train cars and platforms.

Zapeta walked into the courtroom on Tuesday morning in a bright orange jacket and orange pants. He stood with his hands cuffed behind his back throughout his arraignment, which lasted only a few minutes.

A Spanish-language interpreter at his side translated as attorneys and the judge discussed the basic facts of the case and next steps in the legal process. Defense attorney Andrew Friedman with the nonprofit Brooklyn Defender Services said his client was pleading not guilty, while Zapeta listened quietly.

Senior Assistant District Attorney Matthew Perry asked a judge to continue to hold Zapeta in jail without bail, and Justice Danny Chun granted that request. Friedman did not challenge the decision, but said he may want to challenge his client’s pretrial detention conditions in the future. Zapeta is expected back in court in March.

Zapeta faces charges of first-degree murder, second-degree murder, and arson, according to an indictment in the case. If convicted of the most serious charge, he could be sentenced to life in prison without the possibility of parole.

The DA’s office at an earlier court appearance said Zapeta told police he drinks a lot of alcohol and “doesn’t know what happened.”

Zapeta was deported to Guatemala six years ago and returned to the United States at some point thereafter, according to U.S. Immigration and Customs Enforcement spokesperson Jeff Carter. Mayor Eric Adams' office has said Zapeta came to New York City before the most recent migration wave started in 2022.

Kawam, who was 57 when she died, was from New Jersey and had experienced financial hardships over the years, according to property and court records. She graduated in 1985 from Passaic Valley High School, and was recognized for her "million-dollar smile" in her senior yearbook.

After the city medical examiner’s office identified her body through a fingerprint analysis, many of Kawam’s relatives declined to comment on her death. An aunt said she had not been in touch with Kawam “in many, many years.”

Kawam was one of 10 people killed in the subway system in 2024, according to preliminary data from the NYPD. That was up double from the five killed in 2023.

This story has been updated with additional information.

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