Sebastian Zapeta-Calil, the illegal Guatemalan migrant accused of setting a woman found on fire on a New York City train, was indicted in relation to the incident Brooklyn District Attorney Eric Gonzalez announced Friday.
Gonzalez said at a news conference that Zapeta-Calil, 33, waived his right to appear in court but is expected to be arraigned on the new charges, including one count of first-degree murder and three counts of second-degree murder, on Jan. 7. In New York, first-degree murder carries a maximum sentence of life without parole.
“These are significant counts — murder in the first-degree carries the possibility of life without parole,” said Brooklyn District Attorney Eric Gonzalez via the New York Post.
“It is the most serious statute in New York State law, and my office is very confident about the evidence in this case and our ability to hold Zapeta accountable for his dastardly deeds,” Gonzalez added.
Zapeta-Calil was reportedly “bugged out” on K2 at the time of the incident, according to his roommate at a converted migrant shelter.
Engulfed in flames
Prosecutors say Zapeta-Calil, a Guatemalan man in the country illegally after he had been deported in 2018, approached a woman sitting on a subway car in Brooklyn early Sunday morning, set her on fire and fanned the flames using a shirt.
Gonzalez said authorities have not identified the woman, who died of thermal injuries and smoke inhalation. Multiple news outlets have reported the woman was homeless, and police have been unable to identify her.
New York City Police Commissioner Jessica Tisch said the suspect used a lighter to ignite the victim’s clothing before officers patrolling on an upper level of the subway station smelled and saw smoke, went to investigate and discovered the victim “fully engulfed in flames.”