Suspect Indicted in Fatal New York City Subway Burning

A man accused of setting a sleeping woman on fire aboard a New York City subway train has been indicted on charges of murder and arson, prosecutors announced Friday.

Authorities are still working to confirm the victim’s identity.

Why It Matters

The status of the suspect, Sebastian Zapeta-Calil, as an undocumented immigrant swiftly became the focus of coverage of the horrific attack. Zapeta-Calil, 33, was deported from the U.S. in 2018 but reentered the country on an unknown date.

Zapeta-Calil’s arrest renewed criticisms of President Joe Biden’s immigration policies. Meanwhile, President-elect Donald Trump made illegal immigration and border security a central tenet of his 2024 election campaign. Among other things, Trump has pledged to initiate mass deportations on the first day he takes office. The president-elect has not yet publicly commented on the subway killing.

What To Know

The indictment follows the arrest of Zapeta-Calil, who was questioned by police earlier this week. According to authorities, Zapeta-Calil claimed to be unaware of what had occurred but admitted to being the person shown in photos and surveillance footage of the fire being set.

Sebastian Zapeta-Calil, the man accused of setting a woman on fire in the New York City subway, is seen on December 24, 2024. On Friday, prosecutors announced an indictment against Zapeta-Calil.

AP Photo/Curtis Means via Pool/AP Photo/Curtis Means via Pool

Zapeta-Calil, who was identified by federal immigration officials as a Guatemalan citizen who entered the U.S. unlawfully, initially faced charges of murder and arson in a criminal complaint. In New York, such filings are often preliminary, as felony cases must receive a grand jury indictment to move forward unless the defendant waives the requirement. Zapeta-Calil’s attorney declined to provide a comment on the case.

According to authorities, Zapeta-Calil targeted the woman, who appeared to be asleep and unresponsive, aboard a stationary F train at Brooklyn’s Coney Island station. Using a lighter, he ignited her clothing and then fanned the flames with a shirt, engulfing her in fire, officials said.

Prosecutors allege that Zapeta-Calil sat on a bench on the platform, watching as the woman burned. She was pronounced dead at the scene. Later that day, police apprehended Zapeta-Calil while he was riding another train on the same line.

Brooklyn District Attorney Eric Gonzalez said Friday that investigators are employing fingerprint analysis and advanced DNA techniques to identify the victim. Authorities are also working to trace her movements in the hours leading up to her death. The Brooklyn address provided by police following Zapeta-Calil’s arrest corresponds to a shelter offering housing and substance abuse support services.

Crime In NYC Subways

Subway crime remains relatively uncommon with trains and platforms generally considered as safe as other public spaces in New York City. Police data indicates that major crimes decreased this year through November compared to the same timeframe in 2023.

However, homicides in the subway system have risen with nine reported through November compared to five during the same period last year. This figure excludes the woman burned to death and a man fatally stabbed at a Queens subway station on the same day.

What People Are Saying

Brooklyn District Attorney Eric Gonzalez on Friday announced that the indictment against Zapeta-Calil will be unsealed on January. 7. Zapeta-Calil faces multiple counts of murder, along with an arson charge. The most severe charge carries a potential sentence of life imprisonment without parole.

“This was a malicious deed. A sleeping, vulnerable woman on our subway system,” Gonzalez said.