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Man accused of fatally burning woman on subway is indicted in 'malicious' case: DA

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Man accused of fatally burning woman on subway is indicted in 'malicious' case: DA
Curtis Means/AP
ByAlexandra Fine, Mark Crudele, and Emily Shapiro
December 27, 2024, 4:32 PM

The man accused of setting a woman on fire and killing her as she slept on a New York City subway car has been indicted on one count of murder in the first degree, three counts of murder in the second degree and arson in the first degree, the Brooklyn district attorney said on Friday.

Sebastian Zapeta, 33, waived his Friday appearance but must return to court on Jan. 7, when the indictment will be unsealed at his arraignment, Brooklyn District Attorney Eric Gonzalez said.

Gonzalez told reporters he's confident in the first-degree murder case against Zapeta and said he will do everything in his power to hold him responsible for his "malicious deed" against a "vulnerable woman."

Gonzalez also thanked the grand jury for watching the graphic surveillance video of the woman's death over the holidays.

Sebastian Zapeta, accused of setting a woman on fire inside a New York City subway train, appears in court, Dec. 24, 2024, in New York.
Curtis Means/AP

"Some progress" has been made in identifying the victim, who was believed to be homeless, Gonzalez said.

"Advanced fingerprinting efforts is being made, as well as advanced DNA evidence," he said.

Zapeta was arrested on Monday in connection with the Sunday morning subway attack. He made his first court appearance on Tuesday and was held without bail.

Sebastian Zapeta, accused of setting a woman on fire inside a New York City subway train, appears in court, Dec. 24, 2024, in New York.
Curtis Means/AP

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Around 7:30 a.m. Sunday, the victim was asleep on a stationary F train in Brooklyn when a man approached her and lit her clothes on fire with a lighter, police said.

Authorities do not believe the two knew each other and did not have a previous interaction, police said.

The suspect left the subway car after the incident, but images of him were captured on officers' body cameras because the suspect stayed at the scene, sitting on a nearby bench, according to police. Those images were released as police requested the public's assistance in identifying the man.

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Three high school students recognized him and contacted police, authorities said.

Zapeta was taken into custody in a subway car at Manhattan's Herald Square on Sunday evening. Police said he was found with a lighter in his pocket.

Zapeta is an undocumented immigrant from Guatemala, according to a spokesperson for U.S. Immigration and Customs Enforcement. He told authorities he does not know what happened, but he identified himself in the surveillance images.

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