Suspect in fatal burning of New York subway by passengers brought to court

Sebastian Zapeta-Calil, the 33-year-old undocumented migrant accused of setting fire to a sleeping woman while riding a New York City train, was charged Tuesday with first- and second-degree murder and arson. complaint released by the Brooklyn District Attorney’s office.

Zapeta-Calil is expected to appear in court again next Friday, the district attorney’s office said. He did not enter a plea. CNN has reached out to Zapeta-Calil’s attorney for comment.

Zapeta-Calil was hospitalized Monday night, according to Brooklyn District Attorney’s Office Deputy Director of Communications Helen Peterson, and released early Tuesday afternoon, delaying his arraignment for several hours.

The New York City Office of the Medical Examiner ruled that the victim — who remains unidentified — died of homicide, the cause of her death determined to be the result of “thermal injuries” and “smoke inhalation,” according to the complaint filed in Brooklyn Criminal Court.

Zapeta-Calil allegedly set fire to the victim’s clothing and “fanned the flames” by waving a shirt around her, causing her to become engulfed in 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 a troubling trend of recent random attacks, and put a spotlight on several problems that big cities like New York have struggled with for years, such as homelessness, illegal immigration and drug addiction.

Police said the suspect approached the victim silently before igniting her clothing, causing the flames to engulf her “within seconds.” Surveillance video showed the suspect watching the victim burn from a bench outside the subway car.

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

The suspect

Zapeta-Calil, an undocumented immigrant from Guatemala, had been deported in 2018 and subsequently returned to the United States illegally, according to federal immigration authorities. His most recent address in an arrest report was listed as a homeless shelter in Brooklyn for men struggling with substance abuse, New York police said.

CNN reached out to the homeless shelter for comment, but did not immediately hear back.

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

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

How the incident unfolded

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

Investigators initially suspected the fire was accidental after finding liquor bottles near the victim, sources said. After reviewing surveillance footage from the subway car, police observed the suspect sitting across from the sleeping victim – with only the two of them in the car. The suspect then got up and set fire to her clothes and the blanket she was using.

The suspect is seen leaving the train and sitting on a platform bench and observing how the woman burned, according to surveillance footage. Sources indicate she remained unresponsive until fully engulfed in flames.

The victim appeared to have mobility issues as indicated by a walker found at the scene, sources said, 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 law enforcement 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 Manhattan subway train, NYPD Commissioner Jessica Tisch said Sunday.

Officers stopped the train in Herald Square and searched each car to apprehend the suspect, who was found with a lighter in his pocket, NYPD Transit Chief Joseph Gulotta said.

Crime Stoppers is offering up to $10,000 for information on the case.

Officials condemn ‘depraved behaviour’

In response to the recent attack, Brooklyn District Attorney Eric Gonzalez issued a statement condemning the incident.

“This horrific and senseless act of violence against a vulnerable woman will be met with the most 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 working hard to ensure that there is swift justice for all victims of violent crime,” Adams said in a post on X.

The city was under a “Code Blue” alert Saturday night, which involved deploying extra resources and shelters to help those at risk of freezing temperatures, especially the homeless who may seek refuge in the subway during severe weather.

New York Gov. Kathy Hochul’s office said in a statement that crime rates have dropped by 10% since the governor introduced a subway safety initiative in May, and by 42% since January 2021. But numerous high-profile violent incidents have continued to cause anxiety among residents about their safety in the metro system.

The killing was the second fatality on the subway on Sunday. Earlier the same day, around 12:35 p.m., another stabbing on a southbound 7 train at 61 St-Woodside station in Queens resulted in one death and left another person injured, CNN affiliate WABC reported.

In light of security concerns ahead of the holiday, Hochul announced plans to increase security on the subway, including deploying an additional 250 members of the National Guard and equipping every subway car with security cameras.

CNN’s Michelle Watson contributed to this report.

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