Man accused of murder in New York subway set fire to shirt, prosecutors say

NEW YORK – A man accused of arson woman to death used a shirt to fan a fire on a New York subway train, prosecutors said Tuesday during a murder charge.

Sebastian Sapeta, 33, who federal immigration officials say is a Guatemalan citizen who entered the U.S. illegally, did not have to plead guilty and did not appear at the hearing in Brooklyn Criminal Court.

Zapeta, wearing a white jumpsuit over a tattered black hooded sweatshirt, will remain in jail and is due back in court on Friday. His lawyer did not ask for bail.

Zapeta is charged with two counts of murder, accusing him of intentionally killing a woman and killing her in an arson attack. He is also charged with one count of arson. The main charge carries a maximum penalty of life in prison without parole.

Brooklyn District Attorney Eric Gonzalez called the attack a “horrific and senseless act of violence” and said it “will have the most serious consequences.”

Apparently a random attack took place on Sunday morning on the F train that stopped at Coney Island Station. Identification of the victim is still ongoing.

Authorities say Zapeta approached the woman, who may have been sleeping on the train, and set her clothes on fire with a lighter.

Zapeta then fanned the flames with his shirt, engulfing her in flames, Assistant District Attorney Ari Rottenberg said in court Tuesday.

Zapeta then sat on a bench on the subway platform and watched, Rottenberg said.

Rottenberg said Zapeta told detectives he didn’t know what happened but recognized himself in the images of the attack.

Zapeta’s attorney, Ed Friedman, did not speak to reporters after the charges were filed.

Video on social media shows several people watching from the platform and at least one police officer walking by as the woman burns inside the train.

NYPD Transit Chief Joseph Gulotta said Sunday that several officers responded to the fire, and one remained to contain the crime scene “as it should be” while the others followed firefighters and transit workers.

“Officers patrolling the upper level of this station smelled and saw smoke and went to investigate. They saw a person standing inside the car completely engulfed in flames,” Police Commissioner Jessica Tisch said.

They eventually put out the fire, but “unfortunately, it was too late,” Tisch said, and the woman was pronounced dead at the scene.

Zapeta was taken into custody Sunday afternoon while riding a train on the same subway line after teenagers recognized him in photos released by police.

Zapeta’s Brooklyn address, released by police, matches the address of a shelter that provides housing and treatment for substance abuse patients. The shelter did not immediately respond to a request for comment.

Federal Immigration Services said Zapeta was deported in 2018 but later re-entered the United States illegally.

The crime added to a growing sense of concern among some New Yorkers about subway safety, fueled by a graphic video of the attack that ricocheted around social media.

In general, crime in the transit system has decreased compared to last year.

From January to November, the number of serious crimes decreased by 6% compared to the same period last year, according to data from the City Transport Authority. But homicides are up, with nine homicides this year through November, compared to five in the same period last year.

There have also been several high-profile incidents, including one in September when police inadvertently shot two passers-by and a colleague when they opened fire at a man holding a knife in front of a train.

Earlier this month acquitted by a Manhattan jury former Marine Daniel Penney in last year’s death of an agitated subway rider. The case has become a flashpoint in debates about safety, homelessness and mental illness in the system.

Metro security is complex, given the vast network of trains running between 472 stations. Each stop contains multiple entry points, and many stations have multiple floors and platforms.