Man charged in fatal burning of woman on NYC subway gets state charges

(NewsNation) — Sebastian Zapeta-Calil, the man charged in the killing of a woman who was burned alive as she slept on a New York City subway train, was indicted on state charges Friday.

Authorities say Zapeta-Calil approached the woman on the subway and lit her clothing on fire. Zapeta-Calil then fanned the flames using a shirt, prosecutors said.

The state charges Zapeta-Calil faces are one count of first-degree murder, three counts of second-degree murder and one of first-degree arson.

Brooklyn District Attorney Eric Gonzalez said he believes the case belongs in state court as the charges are more serious there than in federal court. Murder in the first degree carries the possibility of life without parole, Gonzalez said, making it the most serious statute in New York state law.

“I want to assure the people of this city that this office will do everything in our power to hold (Zapeta-Calil) accountable,” Gonzalez said.

Zapeta-Calil waived his appearance in court Friday, but he will be required to be present on Jan. 7. The indictment will also be unsealed that day. 

“This was a malicious deed,” Gonzalez said, calling the victim, who has not yet been identified, a “sleeping, vulnerable woman on our subway system.”

The 33-year-old from Guatemala was initially charged by criminal complaint with murder and arson charges as the first step in the criminal process. In New York, felony cases require a grand jury indictment to proceed to trial.

In court Tuesday, Zapeta-Calil stood before the judge in a white jumpsuit and black hoodie. Zapeta-Calil did not speak and was surrounded by a dozen NYPD officers the entire time.

The crime was caught on camera. Body-worn cameras on responding officers caught the suspect’s face and his image was blasted on social media. Three teenagers in a different part of the city recognized him and called the police.

Video footage shows an NYPD patrolman passing the scene casually. At one point, someone appears with a blanket to fan the flames, while another person is filming. Gonzalez said that the officer was securing the scene and looking for a fire extinguisher.

The New York Police Department is still trying to figure out the victim’s identity. Gonzalez said the extent of her injuries, as well as the fact that she appears to have been homeless, makes this challenging.

Investigators are working on advanced fingerprinting and advanced DNA to help identify the victim, Gonzalez said, but could not go into specifics on progress they have made.

At the time of the incident, Zapeta-Calil was living at a homeless shelter that provides outpatient services for substance abuse and mental health. A source close to the investigation tells NewsNation that Zapeta-Calil’s attorney wanted his client to have a psychiatric evaluation, possibly setting the stage for an insanity defense.

Federal immigration officials said Zapeta-Calil entered the U.S. illegally. He has been jailed at New York City’s Rikers Island complex.

The Associated Press contributed to this report.