Illegal Immigrant Indicted for Setting Woman on Fire in Brooklyn Subway Attack

A 33-year-old illegal immigrant from Guatemala has been indicted for the brutal murder of a woman who was set on fire aboard a Brooklyn subway train. The woman, whose identity remains unknown, died after being burned alive, and the suspect, Sebastian Zapeta, faces multiple charges, including first-degree murder and arson.

The indictment, filed Thursday, outlines several serious charges against Zapeta, who is accused of igniting the victim's clothing on a stationary subway train at the Coney Island-Stillwell Avenue station, according to Fox News.

Authorities have confirmed that the woman was severely burned and was pronounced dead at the scene. The charges against Zapeta include one count of first-degree murder, three counts of second-degree murder, and one count of arson.

Details of the Attack

Surveillance footage from the subway station shows Zapeta calmly approaching the victim, who was either asleep or motionless on the train. According to Police Commissioner Jessica Tisch, Zapeta used a lighter to ignite the woman's clothing, which quickly became fully engulfed in flames. The attack took place just as the train pulled into the station. After the woman was set on fire, Zapeta remained at the scene and sat on a bench, as officers and a transit worker rushed to extinguish the flames.

Despite their efforts, the woman could not be saved, and she was declared dead at the scene. Brooklyn District Attorney Eric Gonzalez has called the attack "malicious," describing the victim as a vulnerable woman, likely homeless, who was asleep on the subway. He noted that the case should be tried in state court, where the penalties for such charges are more significant than in federal court.

Unresolved Questions

Authorities are still working to identify the victim, and Gonzalez confirmed that the investigation into her identity is ongoing. The woman was severely burned, which has made identification difficult. At this time, officials believe she may have been homeless, but this has not yet been confirmed.

Zapeta's past also came under scrutiny during the investigation. The suspect had previously been deported from the United States by the Trump administration in June 2018 after crossing the border illegally in Arizona. However, Zapeta later re-entered the U.S. illegally at an unknown date or location. Immigration and Customs Enforcement (ICE) lodged a detainer with the New York City Department of Corrections, but the department has stated it will not honor the detainer due to current city policies.

Legal Challenges and Charges

Zapeta faces a possible life sentence without parole if convicted on the first-degree murder charge. Second-degree murder charges carry a minimum of 25 years to life in prison. In a statement, Gonzalez emphasized that the case is particularly egregious because of the victim's vulnerability and the cold, calculated nature of the attack. "This was intentional," Gonzalez said, referring to the brutal act that took place as many New Yorkers were preparing for the holidays.

Mayor Eric Adams has also expressed his concerns over the act, calling it "heinous" and "depraved." A spokesperson for Adams stated that the mayor is deeply disturbed by the crime, noting that such a violent act of setting another person on fire is unacceptable. Adams has directed both the New York Police Department (NYPD) and ICE’s Homeland Security Investigations (HSI) team to explore the possibility of federal charges under the arson statute.

Legal Process and Future Proceedings

Zapeta was arraigned in Brooklyn on Thursday, but his attorney requested to waive his client's appearance at a subsequent hearing. The judge granted the request, and Zapeta will appear in court on January 7 for an arraignment hearing. The indictment will be unsealed during this hearing, providing further details about the charges against him.

The timing of Zapeta’s indictment coincided with the recent acquittal of Daniel Penny, who was cleared of charges in the subway chokehold death of Jordan Neely, a 30-year-old homeless man who had reportedly been threatening passengers on a subway train. Gonzalez’s office has indicated that it plans to proceed with the case in state court, as the charges under state law are considered more severe than those that would be applicable under federal statutes.

Growing Concerns Over Safety

The attack on the subway has raised serious concerns about safety in New York City's transit system. With the holiday season approaching, many commuters are on edge, worried about the possibility of further attacks. The city's public transportation network, already facing challenges related to homelessness and security, now finds itself under even greater scrutiny following this disturbing incident.

The subway system, often considered one of the busiest and most important public transit networks in the world, has become a focal point for discussions on crime and safety. As New Yorkers continue to grapple with the aftermath of this tragedy, city leaders, law enforcement, and the public are questioning how to ensure such a violent act is never repeated.

Ongoing Investigation

While the legal proceedings move forward, the investigation into the identity of the victim remains a priority for authorities. Surveillance footage from the train, witness accounts, and other investigative tools are being used in an attempt to provide closure to the victim’s family, should they exist. Gonzalez’s office has said it will continue to work diligently to identify the woman and bring justice for her tragic death.

The death of the woman in the Brooklyn subway has shocked New Yorkers, leaving the community struggling to come to terms with the brutality of the act. As authorities press forward with the investigation and legal proceedings, the case will likely continue to unfold over the coming months.