Suspect in NYC subway killing indicted on murder and arson charges
The man accused of setting a woman on fire in a New York City subway car last week has been indicted on murder and arson charges, Brooklyn District Attorney Eric Gonzalez announced Friday.
Gonzalez said at a news conference that Sebastian Zapeta-Calil, 33, waived his right to appear in court but is expected to be arraigned on the new charges, including one count of first-degree murder and three counts of second-degree murder, on Jan. 7. In New York, first-degree murder carries a maximum sentence of life without parole.
Prosecutors say Zapeta-Calil, a Guatemalan man in the country illegally after he had been deported in 2018, approached a woman sitting on a subway car in Brooklyn early Sunday morning, set her on fire and fanned the flames using a shirt.
Gonzalez said authorities have not identified the woman, who died of thermal injuries and smoke inhalation. Multiple news outlets have reported the woman was homeless, and police have been unable to identify her.
Zapeta-Calil was arrested Monday after he was spotted by several high school students who matched him to the suspect's description released by the New York Police Department.
At a court appearance Tuesday, Assistant District Attorney Ari Rottenberg said Zapeta-Calil had identified himself in photos related to the grisly attack. Rottenberg also said the suspect told authorities he did not know anything about the incident. Zapeta-Calil's attorney did not immediately respond to a request for comment Friday.
Officials said Zapeta-Calil was deported in June 2018 but reentered the country illegally. It's unclear when he returned to the U.S. His last known address was a Brooklyn homeless shelter for people struggling with substance abuse.
The incident shocked the nation's largest city and raised new concern over safety on the subway. On Wednesday, New York Gov. Kathy Hochul said an additional 250 National Guard members will be deployed to New York City to bolster safety and announced the MTA has installed more than 15,000 security cameras throughout the mass transit system.
Video shows suspect, others watch woman engulfed in flames
New York City Police Commissioner Jessica Tisch said the suspect used a lighter to ignite the victim's clothing before officers patrolling on an upper level of the subway station smelled and saw smoke, went to investigate and discovered the victim "fully engulfed in flames."
Officers, along with a Metropolitan Transportation Authority employee, were able to extinguish the fire, but the victim was pronounced dead at the scene. Officials have said Zapeta-Calil and the woman did not appear to know each other.
In video footage, a man resembling the suspect sat on a bench positioned in front of the subway car and watched as the woman burned. Several onlookers, including at least one NYPD officer, did not try to put out the fire, video shows.
Police officials defended the actions of the officer seen in video footage walking back and forth as the woman stood engulfed in flames. They said the officer was trying to control the crime scene as other officers tried to get fire extinguishers and summon Metropolitan Transit Authority employees.
“I think he did his job perfectly as his fellow officers went and got MTA workers, got fire extinguishers, and eventually were able to extinguish the individual,” NYPD Chief of Transit Joseph Gulotta told reporters Sunday.
City officials described the incident as horrific and vowed to bolster security in the subway.
"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," New York Mayor Eric Adams said in a statement after the suspect's arrest.
Contributing: John Bacon, Thao Nguyen, Jorge L. Ortiz and Eduardo Cuevas