Man accused of fatally burning woman in NYC subway indicted on 4 counts of murder, arson charge, Brooklyn DA says

NEW YORK – A grand jury has indicted the man accused of setting a woman on fire aboard a Brooklyn subway train, Brooklyn DA Eric Gonzalez announced Friday. 

Investigators say the unidentified victim was sleeping when Sebastian Zapeta, 33, used a lighter to set her clothes on fire. According to the criminal complaint, Zapeta used a shirt to fan the flames. 

Zapeta waived his court appearance Friday, and will be arraigned on Jan. 7, when the indictment will be unsealed. He’ll face four counts of murder and an arson charge, Gonzalez announced.

“Today we take our first significant step towards pursuing justice in this case, with the grand jury having indicted Sebastian Zapeta with four counts of murder. Murder in the first degree, three counts of murder in the second degree, and arson in the first degree. These are significant counts. Murder in the first degree carries the possibility of life without parole. It’s the most serious statute in New York state law, and my office is very confident about the evidence in this case and our ability to hold Zapeta accountable for his dastardly deeds,” Gonzalez said. 

Mayor Eric Adams’ office is pushing for federal charges to be added against Zapeta. 

“Lighting another human being on fire and watching them burn alive reflects a level of evil that cannot be tolerated,” Adams’ office said in a statement. 

Gonzalez appeared to respond to that Friday. 

“We believe very strongly that this case belongs in state court because the charges here are more significant than currently in federal court, but we have a very strong working relationship with our federal partners, and of course will always do what’s in the best interest of the people of the state of New York and the city of Brooklyn, because we want to make sure he’s fully held accountable,” Gonzalez said. 

Zapeta is a Guatemalan citizen who federal officials say entered the U.S. illegally, was deported, and then returned to the U.S. illegally. 

Unidentified victim honored at vigil 

Authorities still have not identified the woman who was killed. 

Thursday, community leaders gathered on the F train platform at the Stillwell station in Coney Island to pray for her. They called her death a systemic failure. 

“Her life mattered. Thank God they caught the person that did this. But it’s not just the person’s fault. It’s the system’s fault. The system failed,” Rev. Kevin McCall said. “Homeless lives matter. She was burned up so bad the police could not even identify who she is.”