An illegal immigrant previously deported under the President-elect Donald Trump’s first administration has been indicted for murder after police said he burned a sleeping woman to death on a Brooklyn subway.
The horrific murder comes as New York City grapples with Democratic Party sanctuary policies that could prevent his deportation back to Guatemala if convicted.
Sebastian Zapeta, 33, faces first-degree murder, second-degree murder and arson charges in what Police Commissioner Jessica Tisch called “one of the most depraved crimes one person could possibly commit against another human being.”
Around 7:30 A.M. on December 22, surveillance footage captured the suspect approaching a sleeping woman on a stopped F train at the Stillwell Avenue station.
“The suspect used what we believe to be a lighter to ignite the victim’s clothing, which became fully engulfed in a matter of seconds,” Tisch said. The attacker then sat on a nearby bench watching as officers attempted to extinguish the flames.
“This was malicious. A sleeping, vulnerable woman on our subway system,” Brooklyn District Attorney Eric Gonzalez said Friday. “This act surprised many New Yorkers as they were getting ready to celebrate the holidays.”
The victim, believed to be homeless, remains unidentified despite investigators making progress and a vigil held in her honor Thursday.
“The depravity of this horrific crime is beyond comprehension,” the district attorney’s office said. “This gruesome and senseless act of violence against a vulnerable woman will be met with the most serious consequences.”
Immigration and Customs Enforcement confirmed Zapeta was arrested and deported in June 2018 after crossing into Sonoita, Arizona.
He later re-entered the U.S. illegally “on an unknown date and location,” according to an ICE spokesperson.
Though ICE has filed a detainer request, New York City’s Department of Corrections indicated it won’t honor it under current Democratic Party sanctuary policies.
Three high school students identified the suspect from police images and reported his whereabouts, leading to his arrest Sunday at Herald Square station in Manhattan.
Gonzalez insisted the case remain in state court despite Mayor Adams’ push for federal charges.
“We believe very strongly that this case belongs in state court because the charges here are more significant,” he said. The suspect faces life without parole if convicted.
“Every New Yorker deserves to feel safe on our subways, and we will do everything in our power to ensure accountability in this case,” the district attorney’s office added. Zapeta will be arraigned January 7.
His attorney secured permission for him to waive appearance at Friday’s hearing.