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The illegal immigrant accused of torching a sleeping woman on a Brooklyn subway train was officially indicted in court for murder and arson on Friday morning.  

Sebastian Zapeta-Calil, 33, an undocumented migrant from Guatemala, waived his appearance in court as he was indicted on first and second degree murder and one count of arson for the horrifying Sunday killing aboard the F train.

“These are significant counts — murder in the first-degree carries the possibility of life without parole,” said Brooklyn District Attorney Eric Gonzalez.  

“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,” the DA added.


  Sebastian Zapeta-Calil, 33, was indicted in connection to the horrific torching murder of a woman on the subway.
 Sebastian Zapeta-Calil, 33, was indicted in connection to the horrific torching murder of a woman on the subway.

The accused firebug allegedly approached the sleeping woman, who was so badly burnt she has yet to be identified, and ignited her clothes, with video showing him fanning the flames as it engulfed her, officials said. 

Zapeta-Calil will be formally arraigned at the Kings County Supreme Court on Jan. 7, when the full indictment will be unsealed. 

Jeff Carter, an ICE spokesperson, told The Post Zapeta-Calil was kicked out of the US in June 2018 before he re-entered the country illegally and made his way to New York City. 

After learning of his arrest over the brutal arson attack, ICE issued an order to detain Zapeta-Calil, which NYC officials rejected due to sanctuary city laws, keeping the suspect in New York custody. 

ERO New York City initially lodged an immigration detainer for Zapeta with the New York City Police Department and then lodged a separate detainer with the New York City Department of Corrections after learning Zapeta was transferred following arraignment from the custody of the police to corrections. The corrections department has indicated they will not honor the detainer, per their current policy,” Carter explained. 

Zapeta-Calil, whose homeless shelter buddies described as a heavy drinker and k2 chain smoker, told police he was drunk on the morning of the incident and doesn’t remember what happened. 

But Assistant District Attorney Ari Rosenberg said Zapeta-Calil was caught on tape fanning the flames and sitting down calmly on a bench while the victim burned inside the train. 

Officials have speculated that the victim was likely a homeless woman who was left asleep on the last stop of the F train. 

“This was a malicious deed — a sleeping, vulnerable woman on our Subway system,” Gonzalez said.  


  Zapeta-Calil was indicted on murder and arson charges. G.N.Miller/NYPost Zapeta-Calil was indicted on murder and arson charges. G.N.Miller/NYPost

  Brooklyn District Attorney Eric Gonzales addresses the press. Brigitte Stelzer Brooklyn District Attorney Eric Gonzales addresses the press. Brigitte Stelzer

Zapeta-Calil then left the horrific scene, where bystanders did nothing to help, and was later arrested when he got off a subway train at the 34th Street-Herald Square station in Manhattan.

The city coroner’s office has struggled to identify the victim through fingerprints because of the severe burns, with officials also looking at DNA testing to try and uncover her identity. 

Officials are also working to backtrack her movements on the subway system to see if cameras ever got a clear look at her. 

A vigil was held for the victim on Thursday. 

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