Man accused of setting fire on New York subway charged with murder and arson

The man accused of killing a New York subway rider by setting him on fire was indicted Friday on four counts of murder and one count of arson, prosecutors said.

Sebastian Zapeta-Calil, 33, a Guatemalan national, was charged by police with first-degree murder, second-degree murder and first-degree arson in connection with setting the woman on fire while she slept on a train F stationary at the Stillwell Avenue Subway Station on the morning of December 22nd.

She was pronounced dead at the scene. A the vigil was held Thursday for the woman, who has not yet been identified.

On Friday, Brooklyn District Attorney Eric Gonzalez announced that Zapeta-Calil had been indicted by a grand jury on one count of first-degree murder and three counts of second-degree murder, as well as one count of arson i.

The charge of first-degree murder carries the possibility of life without parole.

Gonzalez said the indictment will be filed in court on Jan. 7, when he will be arraigned.

Zapeta-Calil appeared on Tuesday in Brooklyn Court and was remanded in custody. He did not enter a plea.

During the hearing, a prosecutor said the suspect allegedly set the woman on fire with a lighter. Once she was engulfed in flames, he allegedly continued to “fan the flames with a shirt.” Zapeta-Calil later told police he was “drinking a lot” and “doesn’t know what happened,” the prosecutor added.

Zapeta-Calil is in the US illegally and had been previously deported, U.S. Immigration and Customs Enforcement officials said.

He entered the country in Sonoita, Arizona on June 1, 2018 and was removed from the US and returned to Guatemala a few days later on June 7, 2018.

It is not known where or when he illegally re-entered the country, ICE said. Federal officials said they will file a request to have Zapeta-Calil turned over to ICE after the criminal case against him is concluded.

In Sunday’s attack, Zapeta-Calil allegedly “calmly” approached the woman as she slept and used a lighter to set her clothes on fire, New York Police Commissioner Jessica Tisch previously said. He then exited the subway and sat down on a bench and was caught by a responding officer’s body camera.

That image was then posted to the public in a wanted flyer. Hours later three high school riders i saw him on the train and he called 911 and was taken into custody.

Although officials have not identified the victim, the medical examiner ruled her death a homicide and the cause was “thermal injuries and smoke inhalation,” according to court documents.