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NYC Mayor Advocates for Federal Charges Against Illegal Immigrant in Subway Homicide Case


A conviction on federal arson charges could result in a prison sentence of up to 40 years.

New York City Mayor Eric Adams is calling on federal authorities to file arson charges against an undocumented immigrant accused of setting a woman on fire aboard a Brooklyn subway train.

The alleged perpetrator, 33-year-old Sebastian Zapeta-Calil, has already faced charges from Brooklyn prosecutors for two counts of murder and one count of arson.

“Setting another person ablaze and witnessing them as they burn reflects a level of malevolence that our society cannot accept,” said Kayla Mamelak, a spokeswoman for City Hall, in a statement to the press on Thursday. She noted that the mayor has instructed the NYPD to work alongside U.S. Immigration and Customs Enforcement (ICE) to consider pursuing additional charges under federal arson laws.

The Epoch Times has reached out to ICE for comment regarding the mayor’s directive.

If convicted under federal arson statutes for an incident that leads to death, Zapeta-Calil may face a sentence of 25 years to life. Meanwhile, federal arson charges related to attacks on properties utilized in interstate commerce causing injury can carry a maximum penalty of 40 years.

At the same time, a conviction under New York state’s first-degree murder laws could result in a life sentence without the possibility of parole, a punishment much harsher than that meted out under federal arson laws.

The incident took place on the morning of December 22 on the F train in Coney Island. Authorities reported that Zapeta-Calil “calmly” approached a seated woman and ignited her clothing with a lighter. The victim’s attire “was engulfed in flames within seconds,” according to NYPD Commissioner Jessica Tisch.

Officers present at the Coney Island-Stillwell Avenue subway station responded after detecting smoke and found the victim “standing inside the train car fully enveloped in flames,” Tisch explained. Despite attempts to extinguish the fire, the woman was declared dead at the scene.

The identity of the victim has not yet been made public, as authorities are still working to confirm who she is.

Disturbing footage circulating on social media captures Zapeta-Calil sitting on a bench while the fire blazed inside the subway car. He later fled the scene but was apprehended at the 34th Street-Herald Square station in Manhattan after a group of teenagers recognized him and called 911.

Zapeta-Calil, a Guatemalan national who was deported in 2018 and unlawfully re-entered the U.S., is now being held at Rikers Island.

A formal arraignment at the state Supreme Court is set for January 7, 2025, when the complete indictment will be disclosed.

While federal charges may not automatically lead to stricter penalties, Adams’s announcement illustrates his readiness to work with ICE and President-elect Donald Trump to tackle crimes perpetrated by individuals residing in the country illegally.

On December 12, Adams met with incoming border czar Tom Homan at his mayoral residence. Following the hour-long discussion, Adams announced he was considering an executive order aimed at “unraveling” the city’s current sanctuary policies.

“We will not be a refuge for those who engage in violent acts,” stated the mayor during the press conference. “We don’t extend this protection to citizens, and we will not do so for those who are undocumented.”

Homan, a former acting director of ICE who was assigned by Trump to oversee the largest deportation campaign in U.S. history, mentioned that both parties are optimistic about collaborating to address crimes stemming from illegal immigration in New York City.

“He aims to assist ICE in removing criminal threats from the streets. He wants to support ICE in identifying national security threats,” Homan told Fox News host Sean Hannity during an interview about their meeting. “He wants to help ICE account for over 340,000 missing children, many of whom may be in the city.”



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