A grand jury has indicted Sebastian Zapeta, a 33-year-old previously deported immigrant from Guatemala, on murder and arson charges for the death of a woman he allegedly set on fire on a Brooklyn subway train. The indictment, filed on Thursday and to be unsealed at his arraignment on January 7th, includes one count of first-degree murder, three counts of second-degree murder, and one count of arson. Zapeta's attorney waived his client's appearance at a recent court hearing.

Zapeta, who was deported in 2018 after illegally entering the U.S. through Arizona, allegedly approached the seated woman, believed to be homeless, on a stationary F train at the Coney Island-Stillwell Avenue station and ignited her clothing. Police Commissioner Jessica Tisch described the suspect as calmly walking up to the victim and using a lighter to set her on fire. Surveillance video captured the horrific incident. The victim's identity remains unconfirmed as authorities work to identify her through the severe burns and locate any family.

Brooklyn District Attorney Eric Gonzalez stated that the grand jury found the video evidence of the burning "very hard to deal with" and expressed his intent to try the case in state court, where the charges carry more significant penalties. He emphasized the malicious nature of the attack on a vulnerable, possibly sleeping woman. While Mayor Eric Adams believes Zapeta should face federal arson charges, Gonzalez believes state court is the appropriate venue. First-degree murder carries a sentence of life without parole, while second-degree murder carries 25 years to life. ICE has placed an immigration detainer on Zapeta, but New York City's current policy prevents the Department of Corrections from honoring it. This incident follows the recent acquittal of Daniel Penny in the subway chokehold death of Jordan Neely, raising further discussions about safety and justice within the city's transit system.