Man accused of fatally burning woman on subway waives appearance, will return to court Jan. 7
Witthaya Prasongsin/Getty Images
(NEW YORK) — The Brooklyn district attorney said he’s confident in the first-degree murder case against a man accused of setting a woman on fire and killing her as she slept on a New York City subway car.
Sebastian Zapeta, 33, waived his appearance in court Friday and will return to court on Jan. 7, when the indictment will be unsealed at his arraignment, prosecutors said.
Brooklyn District Attorney Eric Gonzalez told reporters on Friday that he will do everything in his power to hold Zapeta responsible for his “malicious deed.” Gonzalez also thanked the grand jury for watching the disturbing images ahead of the holidays.
Zapeta was arrested on Monday in connection with the Sunday morning subway attack and was charged with first-degree murder, second-degree murder and first-degree arson.
He made his first court appearance on Tuesday and was held without bail. He has not entered a plea.
Around 7:30 a.m. Sunday, the unidentified victim was asleep on a stationary F train in Brooklyn when a man approached her and lit her clothes on fire with a lighter, police said.
Authorities do not believe the two knew each other and did not have a previous interaction, police said.
The suspect left the subway car after the incident, but images of him were captured on officers’ body cameras because the suspect stayed at the scene, sitting on a nearby bench, according to police. Those images were released as police requested the public’s assistance in identifying the man.
Three high school students recognized him and contacted police, authorities said.
Zapeta was taken into custody in a subway car at Manhattan’s Herald Square on Sunday evening. Police said he was found with a lighter in his pocket.
Zapeta is an undocumented immigrant from Guatemala, according to a spokesperson for U.S. Immigration and Customs Enforcement. He told authorities he does not know what happened, but he identified himself in the surveillance images.
A backyard in Orange County, New York, became the site of an incredible discovery of a complete mastodon jaw — the first find like it in New York in more than 11 years. (New York State Museum)
(NEW YORK) — A backyard in Orange County, New York, became the site of an incredible discovery of a complete mastodon jaw — the first find like it in New York in more than 11 years.
The jaw, along with a piece of a toe bone and a rib fragment, was uncovered near Scotchtown by researchers from the New York State Museum and SUNY Orange.
The discovery began when a homeowner spotted two teeth sticking out of the dirt under a plant. After digging a little deeper, they found two more teeth just below the surface. Realizing the find might be something special, the homeowner called in experts, and soon a full excavation was underway.
“When I found the teeth and held them in my hands, I knew they were something special,” said the homeowner. “I’m so excited that our yard had something so important for science.”
The team of researchers uncovered a well-preserved jaw belonging to an adult mastodon, an ancient relative of today’s elephants. The jaw will now be studied to figure out how old it is, what the mastodon ate and what its life was like during the Ice Age.
“This jaw is an amazing discovery,” said Dr. Robert Feranec, an expert from the New York State Museum. “Fossils like this help us learn about ancient ecosystems and give us clues about how the world has changed over time.”
Orange County has been a great place to find mastodon fossils. In fact, about one-third of the 150 mastodon fossils found in New York have come from this area.
Dr. Cory Harris from SUNY Orange said they hope to keep digging in the area to see if there are more bones waiting to be found.
“The jaw is the most exciting part, but the toe and rib fragments might also help us learn more about this animal,” Dr. Harris explained.
The jaw will eventually be displayed at the New York State Museum in 2025, after scientists finish their research, according to Michael Mastroianni, a leader at the museum.
(NEW YORK) — Excerpts of body-worn camera footage from four corrections officers were released Friday by the New York Attorney General’s Office showing the in-custody beating of 43-year-old inmate Robert Brooks, who the AG’s office says was brutalized by prison guards while handcuffed at Marcy Correctional Facility in Oneida, New York, earlier this month.
In the footage reviewed by ABC News, which the AG’s office says was from a Dec. 9 incident, multiple officers can be seen holding Brooks upright on an exam table, with his arms restrained, punching and kicking him in the face, torso and genitals. The beating was described in a deposition by an investigator for the New York Department of Corrections Office of Special Investigations.
Brooks had been transferred to Marcy Correctional Facility on the day of the attack from nearby Mohawk Correctional Facility.
He was pronounced dead at a local hospital the following day, according to New York Attorney General Letitia James, whose office is investigating the incident.
“As attorney general, you have my word that we will use every possible tool to investigate this death thoroughly and swiftly,” James said in a press conference Friday.
Elizabeth Mazur, an attorney for the Brooks family, told ABC News, “Members of the public can now view for themselves the horrific and extreme nature of the deadly attack on Robert L. Brooks. As viewers can see, Mr. Brooks was fatally, violently beaten by a group of officers whose job was to keep him safe. He deserved to live, and everyone else living in Marcy Correctional Facility deserves to know they do not have to live in fear of violence at the hands of prison staff.”
Details of Brooks’ death were outlined in the state investigator’s deposition filed Tuesday by New York State Police.
The deposition was filed by Ryan Paparella, an investigator for the Department of Corrections and Community Services and was brought in to review this incident. In the deposition, Paparella , details his assessment of the body camera footage showing Brooks’ attack.
Paparella did not mention any apparent provocation or motive in his deposition and noted Brooks had his arms and legs restrained throughout the 15-minute assault. Paparella is a former corrections officer at the same prison where the incident took place.
Paparella’s deposition stated: “The male was on the ground [outside near a fence]… I observed correction officers pick up the male off the ground who was handcuffed with his hands behind his back. The hands of the black male were extended directly above his head as his upper torso was parallel with the ground. They continued to walk the male down the sidewalk and towards an open door of the infirmary.”
Paparella reported a corrections officer delivered a “closed fist strike to the chest” while Brooks was handcuffed, and detailed officers pushing Brooks’ body up against an interior window.
Preliminary findings of Brooks’ autopsy by the Onondaga County Medical Examiner’s Office, “show concern for asphyxia due to compression of the neck as the cause of death, as well as the death being due to actions of another,” New York State Police wrote in a court filing.
Paparella detailed that two sergeants and a nurse watched the attack and neglected to intervene. They are among the 14 prison staffers whom New York Gov. Kathy Hochul ordered to be terminated by the state.
“Like all New Yorkers, I was outraged and horrified after seeing footage of the senseless killing of Robert Brooks. I have been clear that it is the responsibility of the New York State Department of Corrections and Community Supervision to provide appropriate care and protection for those in its custody, and I will not tolerate anyone who violates that responsibility,” Hochul said in a statement Friday. “The State of New York has zero tolerance for individuals who break the law, and I am committed to holding everyone involved fully accountable.”
One of the officers who Paparella reported participated in the incident is currently facing civil litigation for his alleged involvement in the 2020 beating of another inmate at Marcy Correctional, according to court records.
The New York State Correctional Officers and Police Benevolent Association issued a statement reading, “What we witnessed is incomprehensible to say the least and is certainly not reflective of the great work that the vast majority of our membership conducts every day… This incident has the potential to make our correctional facilities even more violent, hostile, and unpredictable than ever before.”
The Correctional Association of New York (CANY), a state oversight group, said in a statement that terminating staff involved in the incident “is a good start, but Governor Kathy Hochul and the legislature must go much further.”
“They need to take bold and courageous actions to fulfill past commitments and bring about a new era of transparency and accountability in state government,” the release reads.
A 2023 CANY report on Marcy Correctional Facility found that four out of five prisoners reported witnessing or experiencing abuse and seven out of 10 prisoners reported racial discrimination from guards.
One person interviewed at Marcy correctional facility told CANY: “Physical abuse is rampant; the [correction officer] told me when I got here: ‘This is a hands-on facility, we’re going to put hands on you if we don’t like what you’re doing.'”
The New York Civil Liberties Union stated Brooks’ death “highlights a culture of violence and a lack of accountability for wrongdoing by corrections officers that puts the lives of incarcerated New Yorkers at risk.”
A 2024 review by the Department of Justice found that at least 28 incarcerated people were murdered while in custody during 2022, with 50 deaths classified as “accidental,” a term that is not defined in the report.
James, the attorney general, announced Friday that four involved officers did not turn their body-worn cameras on, which violates state policy, however, the cameras recorded in standby mode with no audio.
Department of Corrections Commissioner Daniel F. Martuscello III issued a memo this month, stating corrections officers’ must have their body cameras actively recording during any interaction with inmates. Martuscello wrote that employees must “immediately report any individual who intentionally or unintentionally circumvents the [body-worn camera] policy.”
“This was a killing, and people will be held accountable,” according to a statement issued by Martuscello following Brooks’ death. “No one is above the law and everyone who works here is held to the highest ethical standards. These individuals are not representative of the culture of DOCCS nor anything that DOCCS stands for. I am committed to vigorously pursuing justice for the Brooks family and ensuring that our agency takes the necessary steps to heal the community.”
Brooks was sentenced to 12 years in prison in 2017 for stabbing his girlfriend in Monroe County.
Thirteen of the staffers have been suspended without pay and one resigned the day after the incident.
The investigation is still ongoing with the New York AG’s Office and the NY Dept of Corrections Office of Special Investigations.
The suspect, Shamsud-Din Jabbar, drove a pickup truck onto a sidewalk and around a parked police car serving as a barricade to plow into pedestrians over a three-block stretch of the iconic street, according to police.
Jabbar exited the vehicle armed with an assault rifle and opened fire on police officers, law enforcement said. Officers returned fire, killing Jabbar. At least two officers were injured, authorities said.
Alexis Scott-Windham was among those injured in the attack. She spoke to ABC News’ Whit Johnson about the intense experience on Thursday.
ABC NEWS: We are joined now by a young woman who, like so many others, was here on Bourbon Street ringing in the new year when the unthinkable happened. Alexis Scott-Windham is joining us now.
And Alexis, thank you so much for your time tonight. We truly appreciate it. I can’t imagine what you’ve been through over the past 24 hours here. Can you first just walk us through those first moments when you knew something was going wrong?
ALEXIS SCOTT-WINDHAM: OK, so we were on a corner by a pizza place and we noticed a loud boom, boom, boom noise and we looked to the left and somebody said “Move!” And by the time they said move, the truck was coming down and he was halfway on the sidewalk, halfway down the street.
By the time he came down the side, by the time I looked to the left, he came down the sidewalk, he had hit me on the back of my right leg, because I stepped on my left, he hit me by the right leg. And I don’t even know how did I get shot because I fell to the ground. I got up and tried to run once I heard the bullets. And once I got up, I tried to run, but my foot was leaking.
ABC NEWS: And describe what you were experiencing emotionally at the time. Obviously, you knew you were injured, but seeing, seeing the seriously wounded and, and people who had lost their lives all around you, what was going through your mind?
SCOTT-WINDHAM: Well, what was going through my mind? I was just thankful, I was just thanking Jesus, I was just telling the Lord, “Let me make it home to my daughter,” I was just thanking God. But once I got up, I seen the bodies on the ground, I was just — it was like a movie. I just couldn’t believe this happened.
Because before all this happened, everything was just going so nice, everybody was telling everybody “Happy New Year.” All the tours, like random people was telling me “Happy New Years.” I even met people from Chicago that was down here. That’s why it was just so crazy.
ABC NEWS: I’m, forgive me. I’m having a little trouble hearing you. But, but could you describe how your friends are doing today? What are their conditions?
SCOTT-WINDHAM: So me and my friend Brandon, we both got injured. I got shot in the foot and hit from the side.
And Brandon, I think he got hit by the car. His whole right side is just messed up; his left, his right leg is messed up. His back is messed up. His shoulder is messed up. He also has a little gash right here [indicating the right side of her forehead]. He’s still in the hospital, in New Orleans. He’s at Touro hospital.
ABC NEWS: And I understand that, that, forgive me. I understand that you are, you’re home today and you have a young daughter as well. As you look back on this, you know, how are you going to explain what happened to her?
SCOTT-WINDHAM: Well, when I was going through that, in my mind, I was just telling the Lord, “Just let me make it home to my daughter.” I don’t know how I’m going to explain it to her. All I can tell her is “You can still go out and have fun, but don’t be on your phone and always watch your surroundings.”
ABC NEWS: All right, Alexis Scott-Windham. Well, we are, we are so thankful that you are OK today. And thank you so much for, for taking the time to share with us what happened to you and the people you were with.
