Woman set on fire on New York City subway ID’d by police
(NEW YORK) — A woman who died after being set on fire on a New York City subway train this month has been identified, according to police.
The woman was identified as 61-year-old Debrina Kawam of Toms River, New Jersey, according to the New York Police Department.
Kawam was sleeping on a stationary F train at the Coney Island-Stillwell Avenue station in Brooklyn on Dec. 23 when she was set on fire allegedly by a 33-year-old Guatemalan citizen who entered the U.S. illegally, according to police.
The suspect, Sebastian Zapeta, has been charged with murder and arson. He has yet to enter a plea.
This is a developing story. Please check back for updates.
(SEATTLE, Wash.) — A month after a woman was caught stowing away on a Delta Air Lines flight headed to France, ABC News has confirmed another unticketed individual was caught on a flight headed to Hawaii, this time on Christmas Eve.
The recent stowaway was apprehended after boarding a flight from Seattle to Honolulu on Dec. 24, according to the airline.
Delta flight 487 was taxiing for departure when it returned to the gate after the crew learned of an unticketed passenger onboard. The identity of the individual has not been released.
“As there are no matters more important than safety and security, Delta people followed procedures to have an unticketed passenger removed from the flight and then apprehended,” Delta said in a statement to ABC News.
The flight was delayed more than two hours as TSA conducted additional security checks and rescreened all passengers, according to the airline.
Law enforcement responded to Seattle–Tacoma International Airport and detained the unticketed passenger.
According to the airport officials, the stowaway exited the plane after it returned to the gate, and the Port of Seattle Police located them in a terminal restroom with the help of video surveillance.
The passenger was arrested for trespassing and booked into South Correctional Entity jail, according to Seattle Tacoma International Airport authorities.
In their investigation, airport authorities found that the stowaway had gotten through a TSA security checkpoint the evening before the flight without a boarding pass but was properly screened otherwise.
TSA said in a statement to ABC News it is working with the Port of Seattle Police on this incident.
Additionally, Delta said the investigation is ongoing, but preliminary findings suggest the passenger boarded the plane without showing a boarding pass at the gate.
News of the second Delta Air Lines stowaway comes after Svetlana Dali, a Russian national, was caught stowing away on a Delta Air Lines flight from the United States to France in November.
Dali had snuck aboard Delta Flight 264, which departed from John F. Kennedy International Airport in New York and was bound for Charles-de-Gaulle International Airport in Paris.
According to a statement from the French Interior Ministry at the time, “She was not admitted to French territory due to lack of a valid travel document (visa) and was placed in the waiting area for the time necessary for her re-routing to the United States since she held a valid US residence permit.”
Just over a week later, Dali was arrested again on Dec. 4 after cutting off her ankle monitor and trying to sneak into Canada, law enforcement sources told ABC News at the time.
The person she was staying with in Philadelphia discovered the bracelet cut and alerted authorities.
Dali was apprehended in Buffalo, New York, while aboard a Greyhound bus trying to cross into Canada.
ABC News’ Aaron Katersky contributed to this report.
(OCHOPEE, Fla.) — At least 16 people were hospitalized Friday afternoon after two airboats collided in Florida, investigators said.
Officers responded to the 911 call around 3:15 p.m. and found several people injured at the site of the collision near Ochopee, the Florida Fish and Wildlife Conservation Commission said in a statement.
One boat was carrying 13 passengers while the other was carrying 20, the commission said.
The conditions of the injured passengers were not immediately released.
Investigators were working to determine the cause of the collision and the probe was ongoing.
(NEW YORK) — In its first note of the day, the jury in Daniel Penny’s manslaughter and negligent homicide trial reported that it is “unable to come to a unanimous vote” on whether Penny committed second-degree manslaughter in the death of Jordan Neely, a homeless man, on the New York City subway.
“We the jury request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on court one,” the note said.
Judge Maxwell Wiley gave the jury an Allen charge, which refers to the jury instructions given to a hung jury that encourages them to continue deliberating despite the deadlock. He is giving the lawyers time to consider the next steps.
Penny’s lawyer, Thomas Kenniff, unsuccessfully moved for a mistrial, arguing that the Allen Charge would be “coercive.”
Wiley disagreed, saying that it was “too early” to declare a mistrial before encouraging the jury to continue their deliberations.
Since the jury got the case on Tuesday, they have deliberated for more than 20 hours.
Penny, a 25-year-old former Marine, put Neely, a 30-year-old homeless man, in a six-minute-long chokehold after Neely boarded a subway car acting erratically, according to police. Witnesses described Neely yelling and moving erratically, with Penny’s attorneys calling Neely “insanely threatening” when Penny put Neely in a chokehold.
The city’s medical examiner concluded Penny’s chokehold killed Neely.
Penny pleaded not guilty to manslaughter and negligent homicide charges.
The verdict form asks the jury to decide the first count – second-degree manslaughter – before potentially moving to the second count of criminally negligent homicide. Only if it finds Penny not guilty on the first count, can it consider the second count of criminally negligent homicide.
The second-degree manslaughter charge only requires prosecutors to have proven Penny acted recklessly, not intentionally.
“It would be a crazy result to have a hung jury just because they can’t move on to the second count?” prosecutor Dafna Yoran said.
Yoran also told Wiley that a new trial would “ultimately [be] the case if they hang the case.”
Wiley left unanswered the question about whether the jury could move onto the second count if they are unable to reach a verdict on the first count. He said he believed the jury moving to the second count is possible but needs to find the legal authority to do so.
“I think ultimately we are going to have to answer the question of whether they can move to count two,” he said.
Twenty minutes after the judge encouraged them to continue deliberating despite their deadlock, the jury sent back another note requesting more information about the term “reasonable person” in their instructions.
“Ultimately, what a reasonable person is up to you to decide,” Wiley told the jury in response to their note, referring them to a two-part test in jury instruction.
To convict Penny of manslaughter, the jury must be convinced Penny acted recklessly and grossly deviated from how a reasonable person would behave, knowing the risk his conduct posed.
“Would a reasonable person have had the same honestly held belief as the defendant given the circumstances and what the defendant knew at that time?” Wiley asked, referring to the second part of the test.
Before the jury entered, Wiley noted how the “reasonableness” standard was established in People v. Goetz – another high-profile New York trial after Bernhard Goetz shot four teenagers on a New York subway in 1984 after they allegedly tried to rob him. A New York jury convicted Goetz for one count of carrying an unlicensed firearm but acquitted on the more severe charges, and the trial sparked a nationwide debate about race and crime that has echoed forty years later in Penny’s case.
