NYC subway fire death: What we know about the suspect charged with murder and arson for allegedly setting a woman on fire

CNN
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Sebastian Zapeta-Calil, the 33-year-old undocumented immigrant accused of setting fire to a sleeping woman on a train in New York City, was charged Tuesday with first- and second-degree murder and arson, according to a report from a complaint the Brooklyn District Attorney’s Office.

The New York Office of the Medical Examiner concluded that the victim – who has not yet been identified – died by homicide. The cause of death was determined to be “thermal injuries” and “smoke inhalation,” according to the complaint filed in Brooklyn Criminal Court.

Zapeta-Calil allegedly set the victim’s clothing on fire Sunday morning and “fanned the flames” by waving a shirt around her, causing her to burst into flames, according to testimony from police officers at the scene outlined in the document.

The incident has heightened existing fears about safety and disorder in the subway, given the worrying trend of recent random attacks, and put a spotlight on several problems that major cities like New York have been struggling with for years, such as homelessness, illegal immigration etc drug abuse.

Police said Zapeta-Calil silently approached the victim before setting fire to her clothing, causing flames to engulf her “within seconds.” Surveillance video showed the suspect watching the victim burn from a bench in front of the subway car.

Here’s what we know about an act that authorities have described as a “brutal murder” and evidence of “depraved behavior.”

Zapeta-Calil, an undocumented immigrant from Guatemala, was deported in 2018 and then returned to the United States illegally, according to federal immigration authorities. His last address on an arrest report was a Brooklyn homeless shelter for men struggling with substance abuse, the NYPD said.

In response to a question about Zapeta-Calil’s current address and whether she is in a homeless shelter, a spokesperson for the New York City Department of Social Services responded: “We cannot disclose case information about individual welfare recipients and cannot comment on an ongoing investigation.”

The U.S. Border Patrol met Zapeta-Calil on June 1, 2018 in Sonoita, Arizona, and issued him an expedited deportation order. He was sent back to Guatemala six days later, according to Immigration and Customs Enforcement spokesman Jeff Carter. Officials said Zapeta-Calil later unlawfully re-entered the U.S. at an unknown date and location.

“It appears he was a migrant who was deported from the country and then came back into the country,” New York Mayor Eric Adams said on Fox 5 New York. “This is a country of immigrants… But we must immediately remove those who violate this goal from our country.”

Zapeta-Calil was hospitalized Monday evening, Brooklyn District Attorney’s Office Deputy Communications Director Helen Peterson said, and released early Tuesday afternoon, delaying his arraignment hearing for several hours. He is expected to appear in court again on Friday, prosecutors said.

He did not enter a plea during his arraignment on Tuesday. CNN has reached out to Zapeta-Calil’s attorney for comment.

Zapeta-Calil claimed he didn’t know what happened The Associated Press reported his indictment. However, he identified himself in images of the attack, according to Assistant District Attorney Ari Rottenberg, the Associated Press reported.

The prosecutor also said that Zapeta-Calil noted during questioning that he was consuming alcohol, the Associated Press reported.

The attack occurred around 7:30 a.m. Sunday on an F train approaching the Stillwell Avenue station in Brooklyn.

Investigators initially believed the fire was an accident after they found bottles of alcohol near the victim, sources said. After reviewing surveillance footage from the subway car, police observed Zapeta-Calil sitting across from the sleeping victim – just the two of them in the car. Zapeta-Calil then stood up and set fire to her clothing and the blanket she was using, police said.

According to surveillance footage, Zapeta-Calil can be seen exiting the train, sitting on a platform bench and watching the woman burn. Sources indicate that she did not react until she was completely engulfed by the flames.

Sources said the victim appeared to have limited mobility, as evidenced by a hiker found at the scene, and was dressed in multiple layers, which officials believe likely accelerated the fire’s spread.

The NYPD has confirmed that the woman involved in the incident is an adult over the age of 18. Although she has not yet been identified, she appeared to be homeless, a police official told The New York Times.

No other passengers or first responders were injured.

About eight hours later, after images from surveillance and police cameras were released, three high school students recognized the suspect on a subway in Manhattan, NYPD Commissioner Jessica Tisch said Sunday.

Officers stopped the train in Herald Square and searched each car to arrest Zapeta-Calil, who was found with a lighter in his pocket, NYPD Transportation Services Chief Joseph Gulotta said.

Brooklyn District Attorney Eric Gonzalez issued a statement denouncing the incident.

“This cruel and senseless act of violence against a vulnerable woman will have serious consequences,” he said.

Adams on Sunday acknowledged the efforts of people who alerted authorities to the suspect.

“This type of depraved behavior has no place on our subways and we are committed to ensuring swift justice is served for all victims of violent crime,” Adams said in a post on X.

The city was under a “Code Blue” alert Saturday evening, which involved deploying additional resources and shelters to help people at risk of freezing temperatures, particularly homeless people who may seek shelter in the subway during severe weather.

New York Gov. Kathy Hochul’s office said in a statement that crime rates have fallen 10% since the governor introduced a subway safety initiative in May and 42% since January 2021. Numerous high-profile violent However, incidents have continued to raise concerns among residents about their safety on the subway system.

The murder was the second death on the subway on Sunday. Earlier that day, around 12:35 a.m., another stabbing occurred on a southbound 7 train at 61 St-Woodside Station in Queens, leaving one dead and another person injured, CNN reported -Subsidiary WABC.

Amid security concerns ahead of the holidays, Hochul announced plans to increase subway security, including deploying 250 additional National Guard members and equipping every subway car with surveillance cameras.

Correction: An earlier version of this story had the wrong day for Sebastian Zapeta-Calil’s next court appearance. He is expected to appear in court this Friday.

CNN’s Michelle Watson contributed to this report.