Man indicted in NYC subway arson-murder case, faces possible life in prison

The man accused of killing a woman who was sleeping on a New York City subway train by setting her on fire in an incident that went viral was indicted on Friday on murder and arson charges.

Sebastian Zapeta, 33, now faces the possibility of life without parole for charges including one count of murder in the first degree, three counts of murder in the second degree, and arson.

Brooklyn District Attorney Eric Gonzalez called Zapeta’s alleged actions “malicious” and “heinous” on Friday. Gonzalez said they merited the first-degree murder charge, which he noted is usually reserved for those accused of killing multiple people or a member of law enforcement.

“My office is very confident about the evidence in this case and our ability to hold Zapeta accountable for his dastardly deeds,” the district attorney said at a press conference outside Brooklyn Supreme Court.

“We are pursuing this under the theory that this was an intentional act, but we also have on the indictment depraved-indifference murder, and so there’s different theories of the case,” he added.

Zapeta did not appear in court in person on Friday, but is due to be arraigned before a judge on Jan. 7. His attorney did not immediately respond to a request for comment.

Zapeta allegedly approached the still-unidentified woman around 7:30 a.m. on Sunday on an F train parked at the Coney Island-Stillwell Avenue station, lit her clothing on fire and fanned the flames with a shirt. According to police, he then stepped onto the platform and watched as she burned to death.

Surveillance video of the incident quickly spread on social media, shocking many and raising concerns about safety on the subway. The woman was the 11th person killed in the city’s public transit system this year, the highest total in decades and double the number of people killed in the same period last year.

At an initial court hearing on Tuesday, prosecutors said Zapeta had told police he “drinks a lot of liquor” and “doesn’t know what happened” during the incident. He was ordered held without bail and sat quietly throughout the hearing.

The NYPD said officers arrested Zapeta in Midtown later on Sunday. Bystanders recognized him from photos the department had released after the woman was killed, and he was found with a lighter in his pocket, according to police.

Federal immigration officials said Zapeta came illegally to the United States from Guatemala years ago, was deported in 2018 and then returned. The NYPD reported his last known address was a facility in East New York for people dealing with substance abuse.

Gonzalez, the district attorney, said investigators were working to identify the woman through “advanced fingerprinting efforts” and DNA evidence because her body was so badly burned.

“ We have made some progress in that area, but I'm not [at liberty] to get into specifics now,” he said, adding that the woman's family members have not yet come forward to claim her body.

A vigil for the woman was held on Thursday night at the subway station where she was killed, according to multiple news outlets. Organizers urged officials to do more to make the city safer and called for anyone who might have known her to come forward and help identify her body.