New York City

Man charged in woman's burning death on NYC subway was deported from US in 2018

The Guatemalan man, who officials say was in the U.S. illegally, is accused of lighting a sleeping woman on fire.

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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 previously been deported, federal officials said.

Sebastian Zapeta-Calil, 33, a Guatemalan citizen, was detained Sunday by New York police in the Brooklyn death, 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 โ€” on June 7, 2018, ICE said.

Zapeta-Calil unlawfully re-entered the country at an unknown date and location, 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 he is finished with the court process in the criminal matter. That immigration detainer could allow for him to be deported.

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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 officerโ€™s body camera captured clear imagery of him that was made public via a wanted flier, New York Police Commissioner Jessica Tisch said.

โ€œUnbeknownst 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,โ€ she said.

Tisch said the man โ€œcalmly walked up to the victim and used what we believe to be a lighter to ignite the victimโ€™s clothing.โ€

The woman was declared dead at the scene.

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