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Sebastian Zapeta-Calil, a 33-year-old undocumented migrant, was arraigned Tuesday on charges of first- and second-degree murder and arson for allegedly setting a woman on fire while she was asleep on a New York City train, according to the Brooklyn District Attorney's office.
The New York City Office of the Medical Examiner determined the victim – who remains unidentified – died by homicide, the cause of her death was determined to be the result of “thermal injuries” and “smoke inhalation,” according to the complaint filed in Brooklyn Criminal Court.
Zapeta-Calil allegedly set fire to the victim’s clothing Sunday morning and “fanned the flames” by waving a shirt around her, causing her to become engulfed in flames, according to testimony from police officers on the scene, which is outlined in the document.
The incident has intensified existing fears about safety and disorder on the subway, given a troubling trend of recent random attacks, and put a spotlight on several issues major cities such as New York have been grappling with for years, such as homelessness, illegal immigration and substance abuse.
Police said Zapeta-Calil approached the victim silently before igniting her clothing, causing flames to engulf her “in a matter of seconds.” Surveillance video showed the suspect watching the victim burn from a bench outside the subway car.
Zapeta-Calil, an undocumented immigrant from Guatemala, had been deported in 2018 and subsequently returned to the US illegally, according to federal immigration authorities. His most recent address in an arrest report was listed as a homeless shelter in Brooklyn for men struggling with substance abuse, the New York City Police Department said.
Zapeta-Calil was hospitalized Monday night, according to Brooklyn District Attorney’s Office Deputy Director of Communications Helen Peterson and released early Tuesday afternoon, delaying his arraignment hearing for several hours. He is expected to appear in court again Friday, the district attorney’s office said. He did not enter a plea during his arraignment on Tuesday.
The attack occurred around 7:30 a.m. Sunday on an F train approaching Stillwell Avenue station in Brooklyn.
The NYPD has confirmed the woman involved in the incident is an adult, over the age of 18. While she has not yet been identified, she appeared to be homeless, a law enforcement official told The New York Times.
