NYC Subway Fire case
woman burned alive
Did a police officer in New York City idly stand by and watch a woman burn to death on a subway car while he did nothing?
I’ve gotten a lot of heat for my take on this case.
Comments and honest disagreement are encouraged.
What Happened
On December 22, 2024 a Guatemalan citizen (Sebastian Zapeta - who was in the U.S. illegally) is accused of setting a woman on fire - while she slept on the subway.
The images and video of are horrific and Zapeta has been arrested and charged with murder.
The Controversy
Cell phone video of the crime has emerged and immediately there was outrage over the police response. One police officer in particular has been demonized and is the subject of intense online hate.
I posted several Notes on SubStack and I have not had this much pushback since the Roger Fortson case1.
Instead of responding to hundreds of hysterical karens - here are my full thoughts on this case.
What Really Happened?
The officer has been accused of “doing nothing”, “walking slowly”, “ignoring” her, and “lacking humanity”.
I agree that the video does not look good, but during a minute-long clip - the cop in question is in the frame for less than 3 seconds. Perhaps, more information is needed before we call for him to “turn in his badge”.
What the Cop Actually Did
Police officers smelled smoke and went towards it. Officers saw the woman - fully engulfed in flames, standing in the subway car.
At that point multiple officers ran to locate fire extinguishers and one officer was tasked with securing the crime scene and informing dispatch of what was occurring.
So, the cop in question got on the radio and informed dispatch of the location and the emergency. This would have triggered the Fire Department and EMS to be dispatched.
Officers on scene located a fire extinguisher and put out the fire - before the Fire Department arrived on scene.
The Debate
It is absolutely reasonable to question and criticize the actions of police officers during this incident.
But, we first must agree on the basic objective facts and then a discussion on if the officer(s) did the right thing can take place.
Claiming that the cop “did nothing” is just not helpful or honest.
Save Her!
Many critics of the officer hold the same idea - that the cop did not pull her out of the subway, smother her with his jacket, or otherwise try to extinguish the flames.
I understand that criticism. I agree with most of it. I would have liked to see the cop DO SOMETHING - even if any efforts absent a fire extinguisher would have been moot.
The Question
The question that gained me the most internet hatred was when I asked, “What do you expect the police officer to do?”
That’s an honest question but hundreds of people were offended that I even broached the subject.
For those familiar with my work - I often criticize police officers. This is an important exercise if we want to improve policing. BUT! When I criticize a police officer - I am specific on what action I disagree with. Then, I backup my opinion by citing the law, policy, or training that the officer violated.
If I cannot locate a law, policy, or training that the cop violated - then the real issue is often found higher up than an individual cop.
If the goal is to improve policing it is essential to pinpoint where the problem is.
So…
For argument’s sake - let’s assume that the officer did the ‘wrong’ thing (by calling the Fire Dept and looking for an extinguisher - instead of trying to put out the fire and rescue her)…
Did the officer violate the department policy and training?
If so, the officer should be the subject of an internal investigation.
Did the officer follow policy and training?
If so, the issue is administrative and the policy/training should be corrected immediately.
The Answer
NYPD Transit Chief Joseph Gulotta and NYPD Police Chief Jessica Tisch made public statements and said that the officers on scene “secured the scene” and “put the fire out” with fire extinguishers - in accordance with training and policy.
Those saying that the officer should have acted against the department policy and training are often the first to excoriate an officer for not following training and count every sustained policy violation as a serious and unforgivable offense.
My Take
I’m a retired cop - not a retired firefighter. I know nothing about fire suppression. Most cops receive zero training on how to help a person fully engulfed in flames. I am advocating that we get cops additional fire-suppression training, issue fire suppressant blankets, stash more fire extinguishers in subways, etc…
This was such a massive fire - I understand why any cop in this situation would think that any effort to “smother” the person and put out the fire with a jacket or something would be ineffective.
If the immediate thought was - the ONLY way to save this woman is to find a fire extinguisher. I get it. That is not an unreasonable idea when faced in the weight of the moment.
Final Thoughts
It’s easy to demonize a single officer that is visible for 2 seconds on a viral cell phone video. Perhaps that helps those behind a screen to cope with this awful tragedy. But, it’s otherwise futile.
I am asking that we all take a step back, think bigger, and if the goal is to improve policing - then the criticism must be logical and aimed at the actual problem.
We can disagree on police policy and the instant decisions that cops make during intense situations, but let’s not forget who the real enemy is - the monster who set fire to a sleeping woman on the subway.
Legal and objectively reasonable OIS.
Are those criticizing the police officer the same ones who captured video instead of assisting?
Your question, “What do you expect the police officer to do,,” made perfect sense to me and made me pause to consider the scene more carefully. I'm sorry that so many people take offense so quickly. They lose out on the benefits of objective reasoning.
I had no idea that police are not well trained in putting out "small" fires. I think that is a very important, even necessary, skill for any first responder. I also think it would be wise for them to have fire blankets in their vehicles.