A man accused of setting a woman on fire and then fanning the flames as she burned to death inside a New York City subway train has been indicted on state charges.
Sebastian Zapeta, 33, was arrested following the harrowing incident on Sunday morning on a stopped F train at Brooklyn’s Coney Island station.
Prosecutors with the Brooklyn District Attorney’s office announced the indictment on Friday. It contains one count of first-degree murder, three counts of second-degree murder and one count of first-degree arson.
The full indictment will remain under seal until he is arraigned on the new charges on January 7, Brooklyn DA Eric Gonzalez said at a press conference.
Zapeta, a Guatemalan citizen who entered the U.S. illegally, waived his right to a court appearance on Friday and will remain jailed at New York’s Rikers Island complex. At the press conference, Gonzalez was asked why he had elected to bring state rather than federal charges.
“One is, I have a lot of confidence in the people of Brooklyn and the people who come and serve on jury duty here,” he said. “This crime took place in New York City, in Brooklyn, and that the people of this county should serve on the jury there.
“Second, very simply, state law is more significant in this case. You know, there’s a possibility of life without parole. That’s not an option in the proposed arson charge that was mentioned… So you’re looking at more time in this particular case.
“[With] the heinous nature of this case, I believe that the maximum penalty should be imposed, and currently that would be in state court.”
The incident has renewed concerns about safety in the nation’s largest mass transit system.
According to prosecutors, on the day of the incident, he approached the woman who may have been sleeping, set her clothing on fire with a lighter and then fanned the flames with a shirt. She has yet to be identified.
After setting the fire, Zapeta then sat on a bench on the platform and watched as the woman burned, prosecutors allege. She was pronounced dead at the scene.
Police took Zapeta into custody while he was riding a train on the same line later that day.
Zapeta told investigators that he had drunk a lot of liquor and did not know what had happened. However, he did identify himself in photos and surveillance video showing the fire being lit.
A Brooklyn address for Zapeta released by police after his arrest matches a shelter that provides housing and substance abuse support.
Federal immigration officials said he was deported in 2018 but returned to the U.S. illegally sometime after that.
