A man charged with murder in the death of a woman set on fire on a New York subway car was in the U.S. unlawfully and had been deported, federal officials said.
Sebastian Zapeta-Calil, 33, a Guatemalan citizen, was detained Sunday by New York police in the attack on Sunday, U.S. Immigration and Customs Enforcement officials said.
He entered the country in Sonoita, Arizona, on June 1, 2018, was removed from the U.S. and returned to Guatemala days later — on June 7, 2018, ICE said.
It is not known where or when Zapeta-Calil unlawfully re-entered the country, according to ICE.
The man, who has been living in Brooklyn, was charged Monday with first-degree murder, second-degree murder and first-degree arson in the subway death, NYPD said.
It was not immediately clear Monday afternoon if Zapeta-Calil has an attorney.
Federal officials said they will file a request for Zapeta-Calil to be turned over to ICE after the criminal case against him is over. That immigration detainer could allow for him to be deported.
About 7:30 a.m. Sunday, a woman who was not identified was sleeping on a stationary F train at the Stillwell Avenue Subway Station when a man lit her on fire with a lighter, police said.
After leaving the subway, the suspect sat on a platform bench, and an officer’s body camera captured clear imagery of him that was made public via a wanted flier, New York Police Commissioner Jessica Tisch said.
“Unbeknownst to the officers who responded, the suspect had stayed on the scene and was seated on a bench on the platform, just outside the train car, and the body-worn cameras on the responding officers produced a very clear, detailed look at the killer,” she said.
Tisch said the man “calmly walked up to the victim and used what we believe to be a lighter to ignite the victim’s clothing.”
The woman was declared dead at the scene.
