A Brooklyn grand jury has upgraded the charges against Sebastián Zapeta, 33, to first-degree murder for allegedly setting fire to a subway passenger last week. This elevates the potential sentence to life imprisonment without parole if convicted. Brooklyn District Attorney Eric Gonzalez expressed confidence in the evidence and the prosecution’s ability to hold Zapeta accountable, calling the act a “malicious deed” against a “sleeping vulnerable woman” on the subway. He described the act as intentional and vowed to prove it in court.
Five days after the incident, the victim, believed to be homeless, remains unidentified. Authorities may need to rely on dental records or DNA analysis for identification. Dave Giffen, director of the Coalition for the Homeless, lamented the tragedy, highlighting the lack of awareness surrounding the victim’s death and the broader societal lack of empathy for the city’s homeless population. He expressed sadness that the woman’s identity remains unknown, even during the holiday season. He urged the city not to forget its humanity.
The early-morning attack on a Brooklyn F train has sparked outrage and questions about the bystander effect, particularly concerning a police officer present at the scene who seemingly failed to assist the burning victim. However, police chief of transit Joseph Gulotta defended the officer’s actions, stating he secured the crime scene and ensured other officers obtained fire extinguishers and assistance from MTA workers to extinguish the flames. Gulotta asserted the officer “did his job perfectly.”
A small vigil was held at the Stillwell Avenue station, the location of the attack, where civil rights leader Rev. Kevin McCall urged New Yorkers to take action against injustice. Zapeta, quickly apprehended on initial murder and arson charges, has now been indicted. The indictment will be unsealed on January 7th.
Authorities allege that Zapeta, a Guatemalan citizen who re-entered the U.S. illegally after deportation in 2018, is shown in video footage approaching the victim on a stationary train and igniting her clothing. He allegedly fanned the flames with a shirt and then watched as she burned from a nearby bench. Zapeta reportedly told authorities he didn’t know what happened. Investigators believe the assailant and victim were strangers and had no prior interaction. Three high school students identified Zapeta from police photographs. He was arrested at a midtown Manhattan subway station with a lighter resembling the one used in the attack.
An address released by police after Zapeta’s arrest corresponds to a Brooklyn shelter that offers housing and substance abuse support. New York City Police Commissioner Jessica Tisch described the crime as “one of the most depraved crimes one person could possibly commit against another human being.”