Suspect in fatal New York subway burning indicted on charges of murder and arson

By Hanna Park, Gloria Pazmino and Sabrina Shulman, CNN

(CNN) — The man accused of setting fire to a woman who was asleep on a New York City subway has been indicted on charges of murder in the first and second degree and arson, according to Brooklyn District Attorney Eric Gonzalez.

Sebastian Zapeta-Calil was not present at a brief court hearing Friday where the judge moved the case to Kings County Supreme Court.

He is scheduled to be arraigned January 7.

Zapeta-Calil, 33, is accused of setting fire to an unidentified woman who was asleep on an F train approaching the Stillwell Avenue station in Brooklyn early Sunday morning. Zapeta-Calil allegedly ignited her clothes and “fanned the flames” with a shirt as the fire engulfed her, according to police testimony in a complaint filed in Brooklyn Criminal Court.

“These are significant counts. Murder in the first degree carries the possibility of life without parole. It’s the most serious statute in New York state law and my office is very confident about the evidence in the case and to hold Zapeta accountable for his dastardly deeds,” Gonzalez said.

CNN has reached out to Andrew Friedman, an attorney representing Zapeta-Calil, for comment.

The New York City Office of the Medical Examiner classified the victim’s death as a homicide, attributing it to “thermal injuries” and “smoke inhalation.”

The victim is believed to have been homeless, which is making identification efforts difficult, law enforcement sources told CNN.

Although the victim’s body “was badly burned,” investigators have made progress and are using advanced fingerprinting and DNA evidence to confirm her identity, the district attorney said. Dental records are typically one of the ways burn victims can be identified, law enforcement sources said.

“Our hearts go out not only to this victim, but we know that there’s a family just because someone appears to have been living in this situation of homelessness does not mean that there’s not going to be family devastated by the tragic way she lost her life,” Gonzalez said.

The incident has heightened concerns about safety in the subway system amid a disturbing trend of recent random attacks, drawing attention to longstanding issues that major cities like New York have faced for years, including homelessness, illegal immigration and substance abuse.

A vigil was held Thursday night at the Stillwell Avenue station to honor the victim.

“Her life mattered, and we believe that we can do something and that anyone can participate, and that is the power of prayer,” Rev. Kevin McCall, founder of the Crisis Action Center, told the outlet.

Friday’s court hearing follows Zapeta-Calil’s arraignment Tuesday on charges of first- and second-degree murder and arson. He did not enter a plea.

During his initial court appearance, Zapeta-Calil claimed to have no knowledge of the incident, noting his alcohol consumption. He did, however, identify himself in photos related to the attack, said Assistant District Attorney Ari Rottenberg.

Zapeta-Calil was hospitalized on Monday night, which postponed his arraignment by several hours, said Helen Peterson, Brooklyn District Attorney’s Office deputy director of communications.

What we know about the suspect

An undocumented immigrant from Guatemala, Zapeta-Calil was deported in 2018 and later reentered the US illegally, according to federal immigration authorities. His last known address was a Brooklyn homeless shelter for men struggling with substance abuse, the NYPD said.

When asked about Zapeta-Calil’s current address and shelter status, a spokesperson for the New York City Department of Social Services said, “We cannot disclose any case information about individual social service recipients and cannot comment on an ongoing investigation.”

The US Border Patrol encountered Zapeta-Calil in Sonoita, Arizona, on June 1, 2018, issuing him an expedited removal order. He returned to Guatemala six days later, according to Immigration and Customs Enforcement spokesperson Jeff Carter. He later unlawfully reentered the US at an unknown date and location.

This marks Zapeta-Calil’s first arrest, according to Rottenberg.

“This is a country of immigrants,” New York City Mayor Eric Adams said on Fox 5 New York, “But those who violate that pursuit, we need to immediately remove them from our country.”

A ‘gruesome and senseless act of violence’

Authorities said Zapeta-Calil approached the sleeping woman silently before igniting flames that consumed her “in a matter of seconds.”

Surveillance footage showed him sitting across from the victim before starting the fire, police said, then leaving the train and watching from outside the subway car.

The victim, who appeared to have mobility issues and was dressed in multiple layers, remained unresponsive until engulfed in flames, sources told CNN.

Police initially suspected the fire might have been accidental due to liquor bottles found near the victim, sources said. But a review of surveillance video shifted the investigation’s focus to Zapeta-Calil.

He was identified and apprehended later that day after being recognized by three high school students who had seen images shared by the NYPD. Officers stopped a subway train at Herald Square, where they found him with a lighter in his pocket, NYPD Chief of Transit Joseph Gulotta said.

In the wake of the incident, officials expressed their outrage and commitment to justice.

“This gruesome and senseless act of violence against a vulnerable woman will be met with the most serious consequences,” Brooklyn District Attorney Eric Gonzalez said.

“This type of depraved behavior has no place in our subways and we are committed to working hard to ensure there is swift justice for all victims of violent crime,” Adams said in a post on X.

While much of the focus has been on Zapeta-Calil’s immigration status and the graphic nature of the crime, homeless advocates tell CNN this story also highlights a failure by state and local government to provide housing and services to people in dire need.

Dave Giffen, executive director of the Coalition for the Homeless, says the incident highlights how homeless individuals are often politicized rather than provided with necessary housing and services.

“What is frustrating about all this is that when these horrible incidents happen and homeless people are victimized and in the rare instance, they are the perpetrator, they are used for political purposes rather than doing something to provide permanent housing and services,” Giffen said.

Mayor directs NYPD to explore federal charges

Adams, who has repeatedly suggested local law enforcement should cooperate with federal authorities on crimes committed by undocumented people, said his office is directing the NYPD to work with federal officials and assess the possibility of bringing federal charges for Zapeta-Calil.

“Lighting another human being on fire and watching them burn alive reflects a level of evil that cannot be tolerated,” Kayla Mamelak Altus, a spokesperson for Adams, said in a statement Friday.

“That is why, in coordination with Police Commissioner Tisch, Mayor Adams has directed the NYPD to work within our legal authority and in partnership with ICE’s Homeland Security Investigations team to explore criminal charges against Mr. Zapeta-Calil under the federal arson statute.”

CNN has reached out to ICE and HSI on Adams’ “directive.”

The move reflects Adams’ posture to cooperate with the federal government on violent crimes involving undocumented migrants even though Zapeta-Calil’s immigration status will not be relevant in the prosecution of the case.

Additionally, Zapeta-Calil is already facing life in prison without parole if he is convicted of murder in the first degree. Charges from a potential federal indictment would not necessarily strengthen the outcome of the case.

Gonzalez, who spoke to reporters outside court, appeared to downplay the mayor’s suggestion. “I think that this crime took place in New York City, in Brooklyn, and that the people of this county should serve on the jury,” the Brooklyn DA said.

“Second, very simply state law is more significant in this case. Given the heinous nature of this case, I believe that the maximum penalty should be imposed and currently that would be in state court.”

CNN’s Jeff Winter, Lauren Mascarenhas and Eric Levenson contributed to this report.

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