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Man indicted in burning death of woman inside a New York City subway train

Sebastian Zapeta, accused of setting a woman on fire inside a New York City subway train, appears in court, Tuesday, December 24.  (AP: Curtis Means)

In short: 

A man accused of burning a woman to death inside a subway station has been indicted on murder and arson charges. 

Prosecutors are still working to identify the victim. 

What's next:  

Indictments are often a first step in the criminal process in New York, as all felony cases require a grand jury indictment to proceed to trial, unless a defendant waives that requirement.

The man accused of burning a sleeping woman to death inside a New York City subway train has been indicted on murder and arson charges, prosecutors announced on Friday, as authorities continue working to identify the victim.

Sebastian Zapeta is accused by prosecutors of lighting the woman on fire on a stopped F train at Brooklyn's Coney Island station on Sunday morning, then fanning the flames with a shirt, causing her to become engulfed in the blaze, before sitting on a platform bench and watching as she burned.

"This was a malicious deed. A sleeping, vulnerable woman on our subway system," Brooklyn District Attorney Eric Gonzalez said after a brief court hearing where the indictment was announced.

He said Mr Zapeta has been charged with multiple counts of murder as well as an arson charge. 

Man indicted in burning death of woman inside a New York City subway train

Brooklyn District Attorney Eric Gonzalez told reporters that police and medical examiners are working to identify the woman using fingerprints and advanced DNA techniques. (Reuters: Eduardo Munoz)

The top charge carries a maximum sentence of life in prison without parole. 

The indictment will be unsealed on January 7.

Mr Zapeta, 33, was not present at the hearing, and his attorney declined to comment afterwards.

Mr Zapeta, who federal immigration officials said is a Guatemalan citizen who entered the US illegally, was taken into custody later on Sunday. 

During questioning by police, prosecutors say he claimed not to know what had happened, noting that he consumed alcohol, but identified himself in photos and surveillance video showing the fire being lit.

He was initially charged in a criminal complaint with murder and arson earlier this week. 

Such filings are often a first step in the criminal process because, in New York, all felony cases require a grand jury indictment to proceed to trial unless a defendant waives that requirement.

Mr Gonzalez told reporters that police and medical examiners are working to identify the woman using fingerprints and advanced DNA techniques, while also retracing her steps before the killing.

"Our hearts go out not only to this victim, but we know that there's a family," Mr Gonzalez said. 

"Just because someone appears to have been living in the situation of homelessness does not mean that there's not going to be family devastated by the tragic way she lost her life."

A Brooklyn address for Mr Zapeta released by police after his arrest matches a shelter that provides housing and substance abuse support. 

Federal immigration officials said he was deported in 2018 but returned to the US illegally sometime after that.

New York City Mayor Eric Adams has directed police to work with US Immigration and Customs Enforcement 's investigative team to explore criminal charges against Mr Zapeta under the federal arson statute, a spokesperson for the mayor's office said this week.

Subway safety 

The harrowing episode has renewed discussion about safety in the nation's largest mass transit system.

Man indicted in burning death of woman inside a New York City subway train

A woman has been confirmed dead after being set alight on a New York City subway train. (Reuters: Shannon Stapleton)

Overall, crime in the subway is relatively rare, with trains and platforms generally as safe as any other public place in New York City. 

Police data shows major crimes were down this year through November, compared to the same period in 2023.

But homicides were up, with nine killings through November versus five during the same time frame last year. 

That figure doesn't include the woman who was burned to death, nor a man who was fatally stabbed at a Queens subway station the same day.

High-profile attacks such as stabbings and shovings also put many riders on edge in a city where millions ride the rails every day.

"When you have these incidents, it overshadows the success and it plays on the psyche of New Yorkers," Mr Adams said in a televised interview earlier this week, noting that many high-profile incidents involve people with mental health issues.

AP

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