Suspect accused of fatally burning woman on New York City subway train due in court
(CNN) — The man charged with murder and arson in the killing of a woman inside a subway train car in New York City is scheduled to appear in court on Friday.
Sebastian 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. 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.
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 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, CNN affiliate NY1 reported.
“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.
CNN has reached out to Zapeta-Calil’s lawyer for comment.
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.
While the victim has not yet been identified, she appeared to be homeless, a law enforcement official told The New York Times.
“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.
CNN’s Lauren Mascarenhas and Eric Levenson contributed to this report.