In a horrifying incident that has left New Yorkers grappling with questions of responsibility and inaction, a woman was set on fire aboard a Brooklyn subway train—and no one stepped in to help. As the flames engulfed her body, shocking footage reveals a group of onlookers, including police officers, who either watched or walked past without offering aid. The incident, which unfolded on Sunday morning, December 22, at Stillwell Avenue station, has sparked outrage across the city, with many wondering: why didn’t anyone intervene?
The tragic scene
The woman, believed to be homeless, was reportedly asleep when Sebastian Zapeta-Calil33, an illegal Guatemalan immigrant who had sneaked back into the country after being deported, allegedly set her on fire. In a chilling video shared online, at least three bystanders can be seen looking on as the victim’s clothing is consumed by flames. One individual even filmed the horrific scene rather than offering help.
Amid the chaos, a New York Police Department (NYPD) officer, stationed outside the subway car, seemingly did nothing as the fire spread. The flames eventually consumed the victim, who tragically died at the scene. In the video, another officer walks past the burning woman, raising his hands as if unsure of how to respond. Only Zapeta-Calil, the alleged perpetrator, is seen moving closer, fanning the flames with his shirt before being subdued by police hours later.
The ‘Daniel Penny Factor’
The incident quickly gained national attention, with many speculating that the bystanders’ reluctance to intervene could be attributed to the ongoing public debate surrounding civilian involvement in dangerous situations. Curtis Sliwa, founder of the Guardian Angels and a longtime community activist, pointed to the high-profile case of Daniel Penny, the ex-Marine who was acquitted after choking Jordan Neely, a homeless man, to death on a subway train earlier this year. . Sliwa argued that Penny’s legal ordeal, in which he faced charges for his actions, may have deterred others from stepping in to help during moments of crisis.
“Nobody came to her aid,” Sliwa said. “People are frozen now. They think, ‘I don’t want to get jammed up like Penny.’” He believes the fear of legal repercussions is dissuading potential Good Samaritans from acting in emergencies.
The NYPD’s inaction
While the public’s response was one of shock and anger, so too was the reaction to the NYPD’s response. In a scathing critique, former NYPD Commissioner Bernard Kerik condemned the officers for their apparent indifference. “No one even attempted to help this woman. They watched like cowards,” Kerik said, echoing the sentiments of many who saw the officers passively observing the horror unfold.
Pat Calvin, a former EMT, expressed his outrage, stating that both he and his father—who had worked for the NYPD—were appealed by the officers’ lack of action. “If I were there, I would have run to help her,” Calvin said. “The police were right there, and they did nothing.”
New York residents and activists took to social media to voice their frustration. One user wrote, “The NYPD will shoot you down for jumping the turnstile, but they’ll walk past a woman on fire? Shameful.” Another criticized the officers for failing to intervene and lamented the lack of community responsibility, saying, “I hate that we have no sense of responsibility toward each other.”
A question of accountability
In the aftermath, questions abound: why did no one step in? Was it fear of legal consequences, or a growing apathy toward others’ suffering? Some critics pointed to a system that seems to foster hesitation in the face of crime or violence, citing the ‘revolving door justice’ that has become a concern for many New Yorkers. “There are a lot of people in the city who are afraid to act because they feel unsupported by the city’s elected officials,” said Gerard Kassar, chairman of the Conservative Party.
Police Commissioner Jessica Tisch addressed the officers’ response, saying they were unaware that Zapeta-Calil, who was later arrested, was involved in the crime. Chief of Transit Joe Gulotta clarified that the officers were attempting to find a fire extinguisher while the tragedy unfolded. However, many critics argue that there was a greater failure at play—the failure to act when a life was in immediate danger.
Zapeta-Calil’s arrest
Zapeta-Calil was arrested hours after the attack, when a group of high school students on another train recognized him and alerted authorities. He was detained at Herald Square after officers tracked him down, wearing the same distinctive clothes he was seen in during the attack. The suspect has been charged with first- and second-degree murder and arson.
Despite his claims that he was drunk and does not remember setting the woman on fire, Zapeta-Calil’s actions have been described as “depraved” by the NYPD. Police investigators believe the victim and the suspect did not know each other, raising the possibility of an unprovoked attack.
A broader conversation on public safety
This tragedy has sparked a broader conversation on public safety, legal responsibility, and the moral obligation to intervene in dangerous situations. Governor Kathy Hochul, who had previously made public statements praising the safety of the subway system, was swiftly criticized for her tone-deafness, as the news of the woman’s death broke shortly after she posted photos touting the safety improvements in the subway system.
While Hochul has pledged to increase police presence and resources in the subway system, the public’s trust in the NYPD has been shaken. As one social media user put it, “Where are the Daniel Pennys when you need them?”
