Guatemalan Immigrant Charged with Murder and Arson in NYC Subway Death

By Jesse Munn on
 December 27, 2024

A horrific incident on a New York City subway has led to multiple murder charges against a previously deported Guatemalan immigrant.

According to Fox News, Sebastian Zapeta, 33, has been indicted on first-degree murder, three counts of second-degree murder, and arson charges for allegedly burning a woman to death on a Brooklyn subway train.

The grand jury indictment comes after surveillance footage captured Zapeta allegedly approaching a motionless woman, believed to be sleeping, on a stationary F train at the Coney Island-Stillwell Avenue station on December 22. Police Commissioner Jessica Tisch revealed that the suspect used what appeared to be a lighter to set the victim's clothing ablaze, resulting in her death at the scene.

NYC Officials Split Over State Versus Federal Prosecution Strategy

Brooklyn District Attorney Eric Gonzalez expressed his belief that the case should remain in state court, where the charges carry more significant penalties. The first-degree murder charge alone could result in life imprisonment without parole possibility, while second-degree murder carries a sentence of 25 years to life.

Brooklyn DA Gonzalez stated:

This was malicious. A sleeping, vulnerable woman on our subway system. This act surprised many New Yorkers as they were getting ready to celebrate the holidays but now New Yorkers are waking up and understanding that on the 22nd of this year, this happened. This was intentional and we hope to prove this.

Mayor Eric Adams' office has taken a different stance, directing the NYPD and ICE's Homeland Security Investigations team to explore federal arson charges against the suspect. The mayor's spokesperson emphasized the gravity of the crime and its impact on the community.

Immigration Status Adds Layer Of Complexity To Criminal Case

Immigration and Customs Enforcement (ICE) has revealed that Zapeta was previously deported under the Trump administration in June 2018, just a week after illegally crossing into Sonoita, Arizona. He subsequently re-entered the United States illegally at an unknown time and location.

ICE has lodged an immigration detainer with the New York City Department of Corrections, requesting custody of Zapeta. However, following current policy, the corrections department has indicated it will not honor this request.

The victim's identity remains unknown due to the severity of the burns, though investigators believe she was homeless. The medical examiner and police continue their efforts to identify her and locate potential family members.

Legal Proceedings Move Forward As City Grapples With Public Safety

The indictment will be unsealed at an arraignment hearing scheduled for January 7. Zapeta's attorney has successfully requested permission to waive his client's appearance at recent proceedings.

The case has intensified discussions about public safety in New York City's transit system, particularly following the recent acquittal of Daniel Penny in another high-profile subway incident. Penny, a Marine veteran, was cleared of charges in the chokehold death of Jordan Neely, a homeless man who had allegedly made threatening statements on a train.

This development has sparked renewed debate about the city's sanctuary policies and their impact on public safety. Law enforcement officials continue to investigate the circumstances surrounding this tragic incident.

Investigation Details Shape Unfolding Criminal Prosecution

The case against Sebastian Zapeta continues to develop as authorities piece together the events of December 22. The Guatemalan national faces multiple murder charges and a potential life sentence for allegedly burning a woman to death on a Brooklyn subway train. While local and federal authorities debate jurisdiction, the New York City Department of Corrections maintains its position on not honoring ICE's detainer request, adding another layer of complexity to this developing case.

About Jesse Munn

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