The Guatemalan undocumented immigrant, Sebastian Zapeta, who is accused of setting fire inside a subway car at the Brooklyn station, causing the death of a homeless man, appeared in court on December 24th. The judge ordered him to remain in custody without bail. The prosecutor revealed in court that after setting the fire, Zapeta also used a shirt to fan the flames and then sat on a bench on the subway platform, coldly observing the scene.
Zapeta was escorted to the Brooklyn Criminal Court at 12:30 PM on the 24th, where he faces charges of first and second-degree murder as well as arson, which could lead to a maximum sentence of life imprisonment. The judge, Jung Park, conducted the interrogation through a Spanish translator. Zapeta sat quietly, staring straight ahead, while his defense lawyer, Andrew Friedman, did not request bail. The judge ordered him to remain in custody until the next hearing on December 27th, where a grand jury will determine whether to indict him.
Assistant District Attorney Ari Rottenberg stated in court that on the morning of December 22nd, Zapeta allegedly used a lighter to ignite the clothing of a sleeping female homeless person inside an F train at the Coney Island-Stillwell Ave station. He also used a shirt to fan the flames, causing the rapid engulfment of the victim in the fire. Zapeta then sat on a bench on the subway platform, watching the horrific scene unfold. Upon his arrest, Zapeta told authorities that he had consumed a significant amount of alcohol and was unaware of what had happened.
Zapeta is an undocumented immigrant from Guatemala, who was deported by the Immigration and Customs Enforcement (ICE) in 2018 but later reentered the United States through illegal means, committing this brutal crime. The incident has once again raised concerns among the public regarding subway safety and undocumented immigrants. The Mayor’s Office of New York City defended its sanctuary city policy, stating that Zapeta arrived before the large influx of undocumented immigrants in April 2022. ICE, on the other hand, responded by indicating they would urge the city authorities to detain immigrant offenders to cooperate with their deportation operations.