Undocumented immigrant arrested for allegedly setting on fire and killing a woman on a NYC subway car

(CNN) — A 33-year-old man was arrested Sunday after allegedly setting on fire and killing a woman on a New York subway train in what authorities called a “brutal murder” and an example of “depraved behavior.”

The assailant approached the woman without saying a word, ignited her clothes and she was enveloped in flames “in a matter of seconds,” police said. Surveillance video appears to show the suspect sitting on a station bench and watching the woman burn as police officers responded.

“Unbeknownst to the officers who responded, the suspect had stayed on the scene and was seated on a bench on the platform just outside the train car, and the body-worn cameras on the responding officers produced a very clear detailed look at the killer,” NYPD Commissioner Jessica Tisch said. She noted the suspect appeared calm when he initially approached the victim.

The suspect, identified as Sebastian Zapeta-Calil, a 33-year-old Guatemalan citizen who entered the US unlawfully sometime in the past six years, was arrested at another subway station in Manhattan about eight hours after the attack, officials said.

Zapeta-Calil is expected to be charged with first-degree murder, according to multiple law enforcement officials briefed on the matter. The charge stems from a death occurring during the commission of a felony; in this case, the felony is arson, the sources said Monday.

Border Patrol encountered Zapeta-Calil in Sonoita, Arizona, on June 1, 2018, and served him with an order of expedited removal, and he was removed to Guatemala six days later, according to US Immigration and Customs Enforcement spokesperson Jeff Carter. Zapeta-Calil then unlawfully reentered the US on an unknown date and location, he said.

Once Zapeta-Calil is charged and a holding location is released, Enforcement and Removal Operations will lodge an immigration detainer with the NYPD location, Carter said.

The victim has not been identified.

The incident comes amid heightened concerns about safety and disorder on the subway in the wake of a series of disturbing and random attacks in recent years.

The killing marked the second death on a New York subway on Sunday. At around 12:35 a.m., a stabbing incident on a southbound 7 train at the 61 St-Woodside station in Queens resulted in one death and another person injured, CNN affiliate WABC reported. Authorities have arrested a 26-year-old man, whose identity has not been released.

Hochul’s office said crime is down 10% since the governor announced a subway safety plan in May and 42% since January 2021, though a number of high-profile violent incidents in the subway system in recent years have left some residents uneasy.

Suspect arrested with lighter in pocket, police say

The attack occurred around 7:30 a.m. on an F train bound pulling into the Stillwell Avenue station in Brooklyn, police said.

Investigators on the scene initially believed the fire had been set by accident after they noticed the woman had liquor bottles around her, sources said.

But after reviewing surveillance video from the camera inside the subway car, they saw the suspect sitting across from the victim, who was asleep on the subway seat. They were the only two passengers inside the car at the time.

The suspect walked over to the woman and lit her clothes and a blanket she was using on fire, the sources said.

Even though the flames erupted quickly, the woman did not react or move until she was already fully engulfed, the sources said. The victim appeared to have some mobility issues, and a walker was found at the scene, the sources said. The victim had a lot of clothes on and fabric around her, which officials believe likely accelerated the flames.

Surveillance video shows the suspect exiting the train and sitting down on a platform bench. As the woman began to get up, engulfed in flames, the suspect watched from the bench.

Police body camera and surveillance images were key to apprehending the suspect, officials said in a news conference Sunday afternoon. Police released body camera images to the public and three high school-age New Yorkers recognized the suspect and called the police, Tisch said.

Officers stopped the train in Herald Square in midtown Manhattan and walked from car to car, to take the suspect into custody, NYPD Chief of Transit Joseph Gulotta said.

The suspect was found with a lighter in his pocket, the commissioner said.

Crime Stoppers offered up to $10,000 for information about the suspect.

No other passengers or first responders were injured in the incident, police said.

Authorities at Sunday’s news conference noted the role technology played in quickly tracking down the suspect.

New York Gov. Kathy Hochul on Wednesday announced efforts to bolster subway safety ahead of the holidays, deploying an additional 250 National Guard members to New York City and ensuring every subway car is outfitted with security cameras.

The “brutal murder” was captured by one of those cameras, according to Michael Kemper, the Metropolitan Transportation Authority’s chief security officer.

“The key thing was getting the identification through the body-worn cameras,” said Felipe Rodriguez, a retired NYPD detective sergeant and adjunct professor at John Jay College of Criminal Justice, on “CNN Newsroom” Sunday.

Officials decry ‘depraved behavior’

Brooklyn District Attorney Eric Gonzalez issued a statement criticizing the alleged killing.

“The depravity of this horrific crime is beyond comprehension, and my office is committed to bringing the perpetrator to justice,” he said. “This gruesome and senseless act of violence against a vulnerable woman will be met with the most serious consequences.

“Every New Yorker deserves to feel safe on our subways, and we will do everything in our power to ensure accountability in this case. I commend the NYPD for their swift work in apprehending the suspect.”

New York City Mayor Eric Adams on Sunday praised the people who helped alert authorities to 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 Saturday night, when additional resources and shelter were deployed to help those vulnerable to freezing temperatures, especially homeless people, who sometimes seek shelter on the subway system during severe weather.