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Man Charged in NYC Subway Burning Pleads Not Guilty and Says He Was Drunk

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Man Charged in NYC Subway Burning Pleads Not Guilty and Says He Was Drunk

The man charged with burning a woman to death on the New York City subway last month told investigators that he did not remember the incident because he was blackout drunk at the time, according to a transcript of his interrogation released by prosecutors on Tuesday.

The man, Sebastian Zapeta-Calil, 33, pleaded not guilty to five counts, including first- and second-degree murder, in a five-minute hearing on Tuesday morning in Kings County Supreme Criminal Court.

During his interrogation, which was conducted on the day of the attack, he described an all-night bender that ended in a blackout and then his arrest the next day in the death of the woman, Debrina Kawam.

“I am very sorry,” Mr. Zapeta-Calil said, according to the transcript, which was translated from Spanish. “I didn’t mean to. But I really don’t know. I don’t know what happened, but I’m very sorry for that woman.”

Ms. Kawam, 57, was from New Jersey but had recently stayed in a shelter in the Bronx. She was asleep on an F train parked at the end of the line in Coney Island early on the morning of Dec. 22 when Mr. Zapeta-Calil walked up, pulled out a lighter and set her on fire, the police said.

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The violence of Ms. Kawam’s death and the video that captured the scene horrified many New Yorkers who have grown concerned in recent months about the safety of the subway system, despite assurances from the police that crime there has fallen overall.

In the video, which spread widely on social media, Ms. Kawam is seen standing in the doorway of a subway car as flames engulf her body and people scream in terror just out of frame.

A police officer walks by, appearing not to react, although law enforcement officials have said he was securing the crime scene.

The video then shows a man rising from a subway bench holding a shirt. But instead of smothering the flames, he appears to fan them by waving the garment at Ms. Kawam.

She was burned so badly that it took the medical examiner’s office more than a week to identify her remains.

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In his interrogation, Mr. Zapeta-Calil said he did not remember any of that.

He said he began drinking shortly after he left his job as a construction laborer the night before the killing. He had no memory of seeing Ms. Kawam, no memory of the attack and no memory of when or how he boarded the train, he said.

“Sometimes when I drink and erase the memory and I don’t know,” he told investigators. “When I wake up, I’m already in the house, already sleeping. I wake up when I’m already at home. Or there are times when I wake up and I’m already at the train station.”

Federal immigration officials said Mr. Zapeta-Calil is an undocumented immigrant from Guatemala who had been deported in 2018. He later returned illegally to the United States and was living in a homeless shelter in Brooklyn for men with drug problems, according to the address he gave the police after his arrest.

Immediately after the attack, the Police Department circulated images of the assailant. The department quickly received a tip from a group of teenagers who believed they had seen the man on another train in Brooklyn.

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Soon after, police officers boarded that train and detained Mr. Zapeta-Calil at the Herald Square station in Manhattan. As his interrogation wound down later that day, investigators at the 60th Precinct station house in Brooklyn showed him the grisly video of Ms. Kawam’s death.

They asked him: Did he recognize the man setting her on fire?

“Oh, damn,” Mr. Zapeta-Calil replied. “That’s me.”

Andy Newman and Sean Piccoli contributed reporting.

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They Witness Deaths on the Tracks and Then Struggle to Get Help

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They Witness Deaths on the Tracks and Then Struggle to Get Help

‘Part of the job’

Edwin Guity was at the controls of a southbound D train last December, rolling through the Bronx, when suddenly someone was on the tracks in front of him.

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He jammed on the emergency brake, but it was too late. The man had gone under the wheels.

Stumbling over words, Mr. Guity radioed the dispatcher and then did what the rules require of every train operator involved in such an incident. He got out of the cab and went looking for the person he had struck.

“I didn’t want to do it,” Mr. Guity said later. “But this is a part of the job.”

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He found the man pinned beneath the third car. Paramedics pulled him out, but the man died at the hospital. After that, Mr. Guity wrestled with what to do next.

A 32-year-old who had once lived in a family shelter with his parents, he viewed the job as paying well and offering a rare chance at upward mobility. It also helped cover the costs of his family’s groceries and rent in the three-bedroom apartment they shared in Brooklyn.

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But striking the man with the train had shaken him more than perhaps any other experience in his life, and the idea of returning to work left him feeling paralyzed.

Edwin Guity was prescribed exposure therapy after his train struck a man on the tracks.

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Hundreds of train operators have found themselves in Mr. Guity’s position over the years.

And for just as long, there has been a path through the state workers’ compensation program to receiving substantive treatment to help them cope. But New York’s train operators say that their employer, the Metropolitan Transportation Authority, has done too little to make them aware of that option.

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After Mr. Guity’s incident, no official told him of that type of assistance, he said. Instead, they gave him the option of going back to work right away.

But Mr. Guity was lucky. He had a friend who had been through the same experience and who coached him on getting help — first through a six-week program and then, with the assistance of a lawyer, through an experienced specialist.

The specialist prescribed a six-month exposure therapy program to gradually reintroduce Mr. Guity to the subway.

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His first day back at the controls of a passenger train was on Thanksgiving. Once again, he was driving on the D line — the same route he had been traveling on the day of the fatal accident.

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Mr. Guity helps care for his 93-year-old grandmother, Juanita Guity.

M.T.A. representatives insisted that New York train operators involved in strikes are made aware of all options for getting treatment, but they declined to answer specific questions about how the agency ensures that drivers get the help they need.

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In an interview, the president of the M.T.A. division that runs the subway, Demetrius Crichlow, said all train operators are fully briefed on the resources available to them during their job orientation.

“I really have faith in our process,” Mr. Crichlow said.

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Still, other transit systems — all of which are smaller than New York’s — appear to do a better job of ensuring that operators like Mr. Guity take advantage of the services available to them, according to records and interviews.

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An Uptick in Subway Strikes

A Times analysis shows that the incidents were on the rise in New York City’s system even as they were falling in all other American transit systems.

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Source: Federal Transit Administration.

Note: Transit agencies report “Major Safety and Security Events” to the F.T.A.’s National Transit Database. The Times’s counts include incidents categorized as rail collisions with persons, plus assaults, homicides and attempted suicides with event descriptions mentioning a train strike. For assaults, The Times used an artificial intelligence model to identify relevant descriptions and then manually reviewed the results.

Bianca Pallaro/The New York Times

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San Francisco’s system provides 24-hour access to licensed therapists through a third-party provider.

Los Angeles proactively reaches out to its operators on a regular basis to remind them of workers’ compensation options and other resources.

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The Massachusetts Bay Transportation Authority has made it a goal to increase engagement with its employee assistance program.

The M.T.A. says it offers some version of most of these services.

But in interviews with more than two dozen subway operators who have been involved in train strikes, only one said he was aware of all those resources, and state records suggest most drivers of trains that strike people are not taking full advantage of them.

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“It’s the M.T.A.’s responsibility to assist the employee both mentally and physically after these horrific events occur,” the president of the union that represents New York City transit workers, John V. Chiarello, said in a statement, “but it is a constant struggle trying to get the M.T.A. to do the right thing.”

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Video: Protesters Arrested After Trying to Block a Possible ICE Raid

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Video: Protesters Arrested After Trying to Block a Possible ICE Raid

new video loaded: Protesters Arrested After Trying to Block a Possible ICE Raid

transcript

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Protesters Arrested After Trying to Block a Possible ICE Raid

Nearly 200 protesters tried to block federal agents from leaving a parking garage in Lower Manhattan on Saturday. The confrontation appeared to prevent a possible ICE raid nearby, and led to violent clashes between the police and protesters.

[chanting] “ICE out of New York.”

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Nearly 200 protesters tried to block federal agents from leaving a parking garage in Lower Manhattan on Saturday. The confrontation appeared to prevent a possible ICE raid nearby, and led to violent clashes between the police and protesters.

By Jorge Mitssunaga

November 30, 2025

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Video: New York City’s Next Super Storm

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Video: New York City’s Next Super Storm

new video loaded: New York City’s Next Super Storm

What’s a worst-case scenario for hurricane flooding in New York City? Our reporter Hilary Howard, who covers the environment in the region, explores how bad it could get as climate change powers increasingly extreme rainfall and devastating storm surges.

By Hilary Howard, Gabriel Blanco, Stephanie Swart and K.K. Rebecca Lai

November 26, 2025

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