Suspect in New York City subway burning death pleads not guilty to murder charge

(NEW YORK) — A man accused of killing a woman by setting her on fire as she slept on a New York City subway train last month pleaded not guilty Tuesday to first-degree murder and other charges.

The suspect, Sebastian Zapeta-Calil, who police said is an undocumented migrant from Guatemala, appeared in Brooklyn Criminal Court and pleaded not guilty to one count of first-degree murder and three counts of second-degree murder and first-degree arson stemming from the horrific killing of Debrina Kawam, who police said was homeless and sleeping on a subway car when she was attacked.

Kawam, 57, was originally from Toms River, New Jersey, the New York Police Department said.

Kawam was asleep on a stationary F train at the Coney Island-Stillwell Avenue station in Brooklyn at about 7:25 a.m. on Dec. 22 when she was set ablaze allegedly by the 33-year-old Zapeta-Calil, who stuck around to watch her burn, even fanning the flames, according to Brooklyn District Attorney Eric Gonzalez.

“It is difficult to fathom what could lead someone to commit the atrocious and horrific murder with which this defendant is charged,” Gonzalez said in a statement following Zapeta-Calil’s arrangement. “My office swiftly obtained an indictment, and we are determined to exact the most severe punishment for this heinous and inhumane act. Ms. Kawam and her loved ones deserve a measure of justice and New Yorkers deserve to feel safe in the subways.”

If convicted of the charges, Kawam faces a maximum sentence of life in prison without the possibility of parole.

Video surveillance captured Zapeta-Calil, who rode in the same subway car as the victim from Queens, using what appeared to be a lighter to set fire to fabric that covered the sleeping woman.

The evidence collected by investigators showed Zapeta-Calil at first allegedly watched the woman burn from inside the subway car as the fire grew, Gonzalez said. The suspect then allegedly appeared to use a shirt to fan the flames, which completely engulfed the victim, the district attorney said.

Gonzalez alleged Zapeta-Calil then walked out of the subway car, sat on a bench on the station platform and watched as the woman burned.

Kawam was declared dead at the scene and the medical examiner determined the cause of death to be a combination of heat burns and smoke inhalation, Gonzalez said.

Gonzalez said Kawam was burned beyond recognition and it took the medical examiner nine days to identify her.

Using the video footage, police officers quickly identified the suspect and distributed his image to local media outlets, prompting a tip that he was aboard an F train near the Herald Square-34th Steet Station in Manhattan, Gonzalez said. Officers rushed to the station and took Zapeta-Calil into custody around 4 p.m. on the same day as the subway attack.

Kawam, known to her classmates as “Debbie,” grew up in Little Falls, New Jersey. She went to Montclair State University to study business and marketing and worked for a time at Merck. She filed for bankruptcy in 2008.

Family and friends are expected to gather on Jan. 12 for a memorial service being organized for Kawam at First Baptist Church in Sheepshead Bay, Brooklyn, according to clergy members who attended Zapeta-Calil’s arraignment.

Rev. Kevin McCall, a New York City civil rights leader, said Kawam’s brother was initially planning to attend Tuesday’s court hearing but couldn’t show up.

“The family is going through a tough time. They are not known to be in the public eye,” McCall said at a news conference outside the courthouse Tuesday.

He said Kawam’s relatives and friends, as well as clergy from throughout the city representing multiple religions, have said they plan to attend the service for Kawam “and memorialize this human being because her life mattered.”

“At the memorial, you will hear, and you will see the family and friends speak about her life and who she was,” said McCall, adding that clergy members plan to launch a GoFundMe campaign to help the family fulfill their wish to dedicate a plaque in memory of Kawam.

McCall added that during the arraignment for Zapeta-Calil, “What was going through my mind was this is a murderer.”

“This is someone who belongs under the jail,” McCall said.

Zapeta-Calil was initially removed from the U.S. back to Guatemala in June 2018 after U.S. Border Patrol encountered him in Sonoita, Arizona, a U.S. Immigration and Customs Enforcement spokesperson said. He unlawfully reentered the United States at an unknown time and location, the spokesperson said.