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Sebastian Zapeta-Calil, 33, is accused of setting a homeless woman on fire while she was sleeping on a Coney Island-bound F train.
BROOKLYN (CN) — The man accused of setting a woman on fire on a New York City subway has been indicted on four counts of murder and one count of arson, Brooklyn District Attorney Eric Gonzalez said Friday.
Prosecutors say Sebastian Zapeta-Calil, 33, set the woman on fire as she was sleeping on an F train nearing the Stillwell Avenue station in Brooklyn pn Sunday. After Zapeta set her clothing on fire, prosecutors say, he fanned the flames and then watched her burn. The police have not yet identified the woman.
“These are significant counts. Murder in the first degree carries the possibility of life without parole, the most serious statute in New York state law,” Gonzalez said. “My office is very confident about the evidence in this case and our ability to hold Zapeta accountable for his dastardly deeds.”
The grand jurors who brought forth the indictment saw video evidence, including disturbing images of the victim on fire, Gonzalez added.
Zapeta did not appear for the Friday morning hearing in Brooklyn criminal court but is expected to be arraigned in federal court on Jan. 7, when the indictment will also be unsealed.
Zapeta’s dual state and federal charges are not without precedent. Luigi Mangione, the 26-year-old man accused of murdering UnitedHealthcare CEO Brian Thompson in Manhattan on Dec. 4, was also charged by federal prosecutors last week in addition to his state charges.
Federal immigration officials have said that Zapeta, 33, is a Guatemalan citizen who entered the U.S. illegally.
While Gonzalez commended federal prosecutors for their effort in Zapeta’s case Friday, he added that he believes the case belongs in state court.
“The charges here are more significant than currently in federal court, but we have a very strong working relationship with our federal partners,” Gonzalez said. “This was a malicious deed. A sleeping, vulnerable woman on our subway station.”
Gonzalez added that the police, the medical examiner’s office and investigators are all working to identify the woman.
“The body was badly burned, so advanced fingerprinting efforts are being made, as well as advanced DNA evidence to identify her,” Gonzalez said.
He said that they have made “some progress” in the area but did not disclose more details.
Community organizers held a vigil for the woman Thursday at the Stillwell Avenue station in Coney Island, Brooklyn, where the attack took place.
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