New York City subways have seen their share of tragedies. But what happened on Sunday morning at the Stillwell Avenue Subway station in Coney Island was both shocking and horrifying. A woman lost her life after being set on fire while she was sleeping. Unfortunately, all the bystanders were reluctant to help with the burning woman. After an intense search, by the New York Police Department, the suspect was identified as an illegal Guatemalan immigrant. Surprisingly, a high school has helped the police in bringing down the suspect. The incident has raised pressing questions about public safety, bystander intervention, and immigration enforcement. Here’s a detailed breakdown of what happened.
Details of the Incident
The crime took place around 7:30 a.m. at the Stillwell Avenue Subway station in Brooklyn, New York. The victim, a woman seated on the train, was attacked when a man calmly walked up to her. The man has used a lighter to ignite her clothing. Within moments, the flames engulfed her, leading to her tragic death.


Sequence of Events
After the suspect lit the victim’s clothing on fire, the flames quickly escalated. Despite the horrifying situation, video footage shows bystanders standing by and even recording the event rather than intervening.
According to Curtis Sliwa, the founder of Guardian Angels, this reluctance to act is linked to what he called the “Daniel Penny effect.” This term refers to the hesitation to intervene due to fear of legal repercussions, as seen in the highly publicized case of ex-Marine Daniel Penny, who faced charges after fatally restraining an aggressive subway passenger.
“Nobody came to her aid,” Sliwa said. “People should have been running over to the woman on fire. They did nothing. They said nothing.”
Police officers patrolling the station noticed smoke and rushed to investigate. With the help of an MTA employee, they used a fire extinguisher to put out the flames. Sadly, the victim was pronounced dead on the scene. Witnesses described the devastating aftermath, with one MTA worker noting that the victim’s clothing appeared completely “burnt off.”
What is the Daniel Penny Effect?
The “Daniel Penny Effect” describes the growing reluctance among bystanders to intervene in emergencies out of fear of legal repercussions. The term originates from the 2022 case of Daniel Penny, a 26-year-old ex-Marine who fatally restrained Jordan Neely, a homeless man, on a New York City subway. Neely was reportedly behaving aggressively and frightening passengers when Penny stepped in, ultimately using a chokehold that led to Neely’s death. Penny was later charged with manslaughter and faced a high-profile trial, though he was acquitted of criminally negligent homicide charges.
This widely publicized case has left a lasting impact, making people hesitant to act during crises. Curtis Sliwa, founder of the Guardian Angels, referred to this phenomenon when commenting on the bystanders’ inaction during the subway fire incident. He noted that people might be saying to themselves, “I don’t want to get jammed up like Penny.” In this particular case, video footage captured bystanders filming the horrific event instead of attempting to help the victim. Sliwa called the lack of intervention a reflection of this societal shift, where fear of potential legal or public backlash outweighs the instinct to assist others in emergencies.
The Suspect: Profile and Arrest
The suspect, later identified as 33-year-old Sebastin Zapeta, a Guatemalan immigrant, remained at the scene after committing the crime. He sat calmly on a bench outside the train car, showing no signs of fleeing. Police body-worn cameras captured clear footage of him, aiding in his identification.

Identity and Background
Zapeta’s immigration history sheds light on troubling enforcement gaps. In 2018, the U.S. Border Patrol encountered Zapeta in Arizona and issued an expedited removal order. He was deported to Guatemala shortly afterward. However, at an unknown date and location, Zapeta unlawfully reentered the U.S.
According to Jeff Carter, a spokesperson for U.S. Immigration and Customs Enforcement (ICE), “Zapeta entered the U.S. without admission by an immigration official.” Zapeta had no prior arrests in New York City but had one on record in Arizona. Details about that arrest remain unavailable.
Community Assistance in Capture
Three high school students played a pivotal role in helping authorities locate the suspect. Recognizing him from publicly shared descriptions and images, they called 911. Transit officers quickly acted on this tip and arrested Zapeta on another moving train. NYC Mayor Eric Adams expressed gratitude to both the students and the officers for their swift actions, calling the crime “heinous and deadly.”
“This type of depraved behavior has no place in our subways. We are committed to ensuring swift justice for all victims of violent crime.” Adams said.
Public Reactions
The incident has deeply shaken New Yorkers, especially as it unfolded just days before Christmas. Curtis Sliwa highlighted the societal reluctance to help. He described it as a concerning trend: “There’s no doubt that people don’t want to get involved. It’s frozen people.”
Mayor Adams emphasized the importance of community action while condemning the crime. However, the tragedy has also sparked debates on subway safety, ethical responsibilities during emergencies, and the psychological impact of incidents like the Daniel Penny case.
The Role of Immigration Policies
Zapeta’s immigration history has reignited discussions on the effectiveness of U.S. border enforcement.
Timeline of Illegal Entries
- In June 2018, the U.S. Border Patrol in Arizona apprehended Zapeta and deported to Guatemala within a week.
- At an unknown point, he reentered the U.S. illegally without detection.
ICE spokesperson Jeff Carter acknowledged these challenges, noting the gaps that allowed Zapeta to evade enforcement.
Policy Implications
The case highlights broader issues within immigration systems, especially concerning repeat offenses and their potential impact on public safety. The tragedy is not limited to gaps in immigration policies. It also underscores the importance of addressing these gaps to prevent similar incidents in the future.
Conclusion
The death of a woman in such a cruel and senseless manner is a stark reminder of the fragility of life and the need for vigilance in public spaces. As NYC grapples with the emotional and societal fallout of this tragedy, it’s crucial to remember the human loss behind the headlines. Public education on safe ways to intervene in emergencies and a balanced discussion on immigration policies can help prevent such incidents in the future.
Also read,