Suspect in fatal New York subway burning ‘fanned the flames’ with his shirt, according to police testimony

By Hanna Park, Gloria Pazmino, Jeff Winter, Lauren Mascarenhas and Eric Levenson, CNN

(CNN) — Sebastian Zapeta-Calil, the 33-year-old undocumented migrant accused of setting fire to a woman who was asleep while riding a New York City train, was arraigned Tuesday on charges of first- and second-degree murder and arson, according to a complaint released by the Brooklyn District Attorney’s office.

The New York City Office of the Medical Examiner determined the victim – who remains unidentified – died by homicide, the cause of her death was 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 Sunday morning and “fanned the flames” by waving a shirt around her, causing her to become engulfed in flames, according to testimony from police officers on the scene, which is outlined in the document.

The incident has intensified existing fears about safety and disorder on the subway, given a troubling trend of recent random attacks, and put a spotlight on several issues major cities such as New York have been grappling with for years, such as homelessness, illegal immigration and substance abuse.

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

He did not enter a plea during his arraignment on Tuesday. CNN has reached out to Zapeta-Calil’s attorney for comment.

Zapeta-Calil claimed he didn’t know what happened and noted that he consumes alcohol, a prosecutor said during the initial appearance. He also identified himself in images of the attack, according to Assistant District Attorney Ari Rottenberg.

This is Zapeta-Calil’s first arrest, Rottenberg noted during the arraignment.

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 US 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, the New York City Police Department said.

In response to a question about Zapeta-Calil’s current address and whether it’s at a homeless shelter, a New York City Department of Social Services spokesperson said, “We cannot disclose any case information about individual social service recipients and cannot comment on an ongoing investigation.”

The US Border Patrol encountered Zapeta-Calil in Sonoita, Arizona, on June 1, 2018, issuing him an expedited removal order. He was sent back to Guatemala six days later, according to Immigration and Customs Enforcement spokesperson Jeff Carter. Zapeta-Calil later reentered the US unlawfully at an unknown date and location, officials said.

“It appears as though he was a migrant that 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 that pursuit, we need to immediately remove them from our country.”

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 hearing for several hours. He is expected to appear in court again Friday, the district attorney’s office said.

How the incident unfolded

The attack occurred around 7:30 a.m. Sunday on an F train approaching 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 Zapeta-Calil sitting across from the sleeping victim — with only the two of them in the car. Zapeta-Calil then got up and ignited her clothes and the blanket she was using, police said.

Zapeta-Calil is seen leaving the train and sitting on a platform bench, observing as 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 say, and was dressed in multiple layers, which officials suspect likely accelerated the fire’s spread.

The NYPD has confirmed the woman involved in the incident is an adult, over the age of 18. While 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 body cameras were released, three high school students recognized the suspect on a subway train in Manhattan, NYPD Commissioner Jessica Tisch said Sunday.

Officers stopped the train at Herald Square, searching each car to apprehend Zapeta-Calil, who was found with a lighter in his pocket, NYPD Chief of Transit Joseph Gulotta said.

Officials condemn ‘depraved behavior’

Brooklyn District Attorney Eric Gonzalez issued a statement denouncing the incident.

“This gruesome and senseless act of violence against a vulnerable woman will be met with the most serious consequences,” he said.

Adams acknowledged Sunday the efforts of individuals who alerted authorities about the suspect.

“This type of depraved behavior has no place in our subways and we are committed to working hard to ensure 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 on Saturday night, which involved deploying extra resources and shelters to assist those at risk of freezing temperatures, particularly the homeless who may seek refuge in the subway during severe weather.

New York Gov. Kathy Hochul office said in a statement crime rates have decreased 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 regarding their safety on the subway system.

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

In light of safety concerns ahead of the holidays, Hochul announced plans to boost subway security, including deploying 250 additional National Guard members and equipping every subway car with security cameras.

Correction: An earlier version of this story had the wrong day for Sebastian Zapeta-Calil’s next court appearance. He’s expected to appear in court this Friday.

CNN’s Michelle Watson contributed to this report.

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