Man accused of fatally setting woman on fire in NYC subway indicted on murder and arson charges

The man accused of killing a woman by setting her on fire in the New York City subway was indicted Friday on four counts of murder and one count of arson, prosecutors announced.

Sebastian Zapeta-Calil, 33, a Guatemalan citizen, allegedly set the woman on fire as she was sleeping on a stationary F train at the Stillwell Avenue Subway Station the morning of Dec. 22. 

Zapeta-Calil had a hearing scheduled Friday morning, but his lawyer waived his appearance.

The Brooklyn District Attorney’s office announced a grand jury indictment in court on one count of first-degree murder and three counts of second-degree murder as well as one count of first-degree arson.

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

Brooklyn DA Gonzalez said the indictment will be unsealed in court on Jan. 7, when he’ll be arraigned. A public defender for Zapeta-Calil could not be immediately reached for comment.

Prior, Zapeta-Calil had been charged by police with first-degree murder, second-degree murder and first-degree arson.

The woman, who is yet to be identified, was declared dead at the scene. A vigil was held Thursday for the woman.

Zapeta-Calil appeared on Tuesday in Brooklyn court and was remanded back to custody. According to court records, he had pleaded not guilty to the preliminary charges.

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

Zapeta-Calil is in the U.S. unlawfully 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 U.S. and returned to Guatemala days later on June 7, 2018. 

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

In the Sunday attack, Zapeta-Calil allegedly “calmly” approached the woman as she was sleeping and used a lighter to ignite her clothes, New York Police Commissioner Jessica Tisch previously said. He then left the subway and sat on a platform bench and was captured on the body camera of a responding officer.

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

Though officials have not identified the victim, the Medical Examiner determined her death was a homicide and the cause were “thermal injuries and smoke inhalation,” according to court documents.