Man accused of fatally burning woman on New York City subway indicted on state charges
NEW YORK (WABC) -- A grand jury indicted an alleged subway arsonist on four counts of murder -- one count of murder in the first degree, three counts of murder in the second degree and arson in the first degree during a hearing Friday.
Sebastian Zapeta, 33, did not appear in court for prosecutors' brief announcement of the indictment. He must appear when he is arraigned on the indictment on Jan. 7.
Brooklyn District Attorney Eric Gonzalez said that "murder in the first degree carries the possibility of life without parole," calling it a charge that is "more significant in state court than currently in federal court."
"We believe very strongly that this case belongs in the state court," he said, quickly adding, "we have a very strong working relationship with our federal partners and of course we will always do what is in the best interests" of the case.
His comments came after Mayor Eric Adams directed the NYPD to work with Homeland Security and ICE to explore criminal prosecution of undocumented immigrants.
Meanwhile, "some progress" has been made in identifying the victim, believed to be homeless.
"Advanced fingerprinting efforts is being made as well as advanced DNA evidence to identify her," Gonzalez said. "We have made some progress in that area, but I am not at liberty to get into specifics now."
RELATED | Adams suggests federal prosecutors also take case of accused subway arsonist after woman killed
Gonzalez thanked grand jurors who watched the graphic surveillance video of her death recovered from a subway car.
"Right around the holiday, to have to see the video and the images of a woman set on fire is very hard to deal with," he said. "This was a malicious deed, a sleeping vulnerable woman on our subway system. This was intentional and we intend to prove this in a court of law."
Police took Zapeta into custody while he was riding a train on the same line later that day. Authorities say he claimed not to know what had happened but identified 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.
The harrowing episode has renewed concerns about safety in the nation's largest mass transit system.
(The Associated Press contributed to this report.)
RELATED | Man accused in woman's burning death used shirt to fan flames, prosecutors say
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