Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
What to know about the case of the man accused of lighting a woman on fire on the F train
By
Arun Venugopal
Published Dec 24, 2024
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
Photo by Kyle Mazza/Anadolu via Getty Images
By
Arun Venugopal
Published Dec 24, 2024
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
The man accused of lighting a woman’s clothing on fire on a subway car and killing her is being held without bail as prosecutors make their case to a grand jury.
Sebastian Zapeta, 33, was arrested Sunday after teens recognized him from footage police released of the incident, which took place on an F train at the Stillwell Avenue subway station in Brooklyn earlier that day, authorities say. The woman who died has still not been identified.
The attack has renewed anxiety about public safety on the subway and illegal immigration.
Prosecutors say Zapeta is undocumented and had previously been deported from the United States.
Here’s what we know about the case so far.
What have prosecutors established so far about the case?
Zapeta appeared in court on Tuesday, but did not speak during the brief hearing as Judge Jung Park ordered that he be held without bail. The judge addressed him through a Spanish interpreter.
Ari Rottenberg, an assistant district attorney, argued that “not even a significant monetary bail would be significant enough,” drawing no objection from Zapeta’s defense attorney.
Rottenberg said Zapeta approached the victim in the train at around 7:30 a.m. on Sunday, set her clothing on fire and proceeded to fan her with a shirt. As the fire spread through the subway car, Rottenberg said Zapeta exited the train and watched as the woman burned to death.
The city’s medical examiner ruled the death a homicide by smoke inhalation and thermal injuries but has not been able to identify the woman, according to the prosecutor.
Police circulated surveillance images from the incident and arrested Zapeta after three students reported seeing him hours after the attack. The images were captured by cameras that were newly installed on subway cars as part of a recent systemwide public safety initiative.
What are the charges against Zapeta?
Zapeta was charged with first- and second-degree murder, as well as arson.
What else do we know about Zapeta?
Zapeta is originally from Guatemala and entered the United States without authorization, according to immigration authorities, who said he was deported in 2018 and returned to the United States afterward, although it’s not entirely clear when.
After his arrest on Sunday, Zapeta told law enforcement that he “drinks a lot of liquor,” according to a prosecutor who spoke in court. A defense attorney declined to comment after his arraignment.
A spokesperson for Mayor Eric Adams said Zapeta was in and out of city-run shelters in recent years and had entered the city prior to the migrant influx that began in 2022.
Police said he was living in East New York at an address on Forbell Avenue, which appears to be associated with a substance abuse treatment facility.
What have federal immigration authorities said about Zapeta?
Officials with Immigration and Customs Enforcement said the agency intended to lodge an immigration detainer with the NYPD. A detainer, according to ICE, allows for the transfer of an immigrant in a formal setting rather than “at-large within the community.” The NYPD has not responded to questions about whether it would hand Zapeta over to ICE. However, immigration experts said it would not happen prior to a conviction.
And it’s unclear whether Zapeta would serve out a sentence in the United States if he is convicted.
Given Zapeta’s immigration status, what direction could this case take?
“His immigration status has no bearing on how the criminal system is going to play out,” said Camille Mackler, founder and executive director of Immigrant ARC, a legal advocacy group serving immigrants.
Mackler said whether he takes a plea deal or the case goes to trial, it would play out regardless of whether Zapeta is in the country legally or not.
She added that “an arrest in and of itself wouldn't be enough to sustain a charge of deportation.
But certainly, if he's convicted of a crime that has immigration consequences, then this could cause him to be deported in the long run.”
Tagged
transit
public safety
brooklyn
Arun Venugopal
Arun Venugopal is a senior reporter for the WNYC and Gothamist Race & Justice Unit who focuses on issues of race and bias in our region. His reporting also tackles the topics of immigration, faith, and inequality. Arun serves as the regular fill-in host of the station's "U.S. of Anxiety" program. Arun was the creator and host of Micropolis, a series about race and identity. He is a contributor to NPR's Morning Edition and All Things Considered. He has appeared on PBS Newshour, On the Media and Studio 360, and has been published in The Guardian, The Wall Street Journal and Salon. He also frequently serves as an emcee and moderator of panel discussions on race, religion, and identity issues and has been a guest host of NPR's "Fresh Air." He lives with his family in Queens.
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
Man shot and killed on Midtown subway platform Saturday afternoon, NYPD says
Police said they're searching for a person of interest.
By
Ryan Kost
Published Oct 17, 2026 at 1:16 p.m. ET
Modified Oct 17, 2026 at 3:19 p.m. ET
Have you seen this Yorkie? NYPD looking for adorable pup dognapped from her Queens home
Suspects were driving a Subaru Forester, police said.
By
Ryan Kost
News
Have you seen this Yorkie? NYPD looking for adorable pup dognapped from her Queens home
Suspects were driving a Subaru Forester, police said.
By
Ryan Kost
Being reigning champions is weird for Knicks fans, but we could get used to this.
By
Catalina Gonella
Tompkins Square Park is getting a makeover. Some say it's too much.
By
Willow Higgins
Deer are all over New Jersey roads looking for sex, state officials warn
By
Rosemary Misdary
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .