It’s horrific.
A Guatemalan man accused of a horrific subway attack in New York City has been indicted on multiple charges, including first-degree murder. Sebastian Zapeta, 33, faces one count of first-degree murder, three counts of second-degree murder, and one count of arson after allegedly setting a woman on fire aboard a Brooklyn subway train, resulting in her death. The indictment, filed Thursday, is set to be unsealed during an arraignment on January 7.
Zapeta’s attorney informed the court that he had spoken with his client and requested permission to waive Zapeta’s appearance at the Friday hearing, which the judge approved. Authorities confirmed Zapeta is an undocumented immigrant who was previously deported in 2018.
Efforts to identify the victim continue, as her body was severely burned. Brooklyn District Attorney Eric Gonzalez noted progress in the identification process but refrained from providing details. Investigators suspect the victim was homeless and are working to locate her relatives.
Surveillance footage from the incident shows the suspect approaching the woman, who appeared to be asleep, on an F train at the Coney Island-Stillwell Avenue station. Without warning, Zapeta allegedly used a lighter to ignite her clothing. Police Commissioner Jessica Tisch described how the flames rapidly engulfed the woman, leaving her no chance to escape. After the attack, the suspect reportedly remained at the scene, calmly sitting on a nearby bench as authorities extinguished the flames. The victim was pronounced dead at the scene.
DA Gonzalez emphasized that the case should be prosecuted in state court, where the charges are more severe than those currently available at the federal level. New York City Mayor Eric Adams has expressed support for federal charges but noted the significance of state prosecution in ensuring accountability.
Zapeta could face life in prison without parole if convicted of first-degree murder, while second-degree murder carries a potential sentence of 25 years to life. Gonzalez described the act as “malicious” and highlighted the vulnerability of the victim, adding that the incident shocked New Yorkers during the holiday season.
Zapeta was previously apprehended and deported under the Trump administration after illegally crossing into Arizona in 2018 but later re-entered the U.S. unlawfully. His indictment follows weeks after Daniel Penny’s acquittal in a separate subway case involving the chokehold death of Jordan Neely, a homeless man with schizophrenia.
