Man indicted in burning death of woman inside a New York City subway train, prosecutors say

"This was a malicious deed. A sleeping, vulnerable woman on our subway system," Brooklyn District Attorney Eric Gonzalez said after a brief court hearing where the indictment was announced.

He said Zapeta has been charged with multiple counts of murder as well as an arson charge. The top charge carries a maximum sentence of life in prison without parole. The indictment will be unsealed on Jan. 7.

Zapeta, 33, was not present at the hearing, and his attorney declined to comment afterwards.

Zapeta, who federal immigration officials said is a Guatemalan citizen who entered the U.S. illegally, was taken into custody later Sunday. During questioning by police, prosecutors say he claimed not to know what had happened, noting that he consumes alcohol, but identified himself in photos and surveillance video showing the fire being lit.

He was initially charged in a criminal complaint with murder and arson earlier this week. Such filings are often a first step in the criminal process because, in New York, all felony cases require a grand jury indictment to proceed to trial unless a defendant waives that requirement.

Gonzalez told reporters that police and medical examiners are working to identify the woman using fingerprints and advanced DNA techniques, while also retracing her steps before the killing.

"Our hearts go out not only to this victim, but we know that there's a family," Gonzalez said. "Just because someone appears to have been living in the situation of homelessness does not mean that there's not going to be family devastated by the tragic way she lost her life."

A Brooklyn address for Zapeta released by police after his arrest matches a shelter that provides housing and substance abuse support. Federal immigration officials said he was deported in 2018 but returned to the U.S. illegally sometime after that.

New York City Mayor Eric Adams has directed police to work with U.S. Immigration and Customs Enforcement 's investigative team to explore criminal charges against Zapeta under the federal arson statute, a spokesperson for the mayor's office said this week.

Gonzalez argued Friday that the state charges brought by his office could result in a more severe penalty.

"I have a lot of confidence in the people of Brooklyn and the people who come and serve on jury duty here, and I think that this crime took place in New York City, in Brooklyn, and that the people of this county should serve on the jury there," Gonzalez said.

The harrowing episode has renewed discussion about safety in the nation's largest mass transit system.

Overall, crime in the subway is relatively rare, with trains and platforms generally as safe as any other public place in New York City. Police data shows major crimes were down this year through November, compared to the same period in 2023.

But homicides were up, with nine killings through November versus five during the same time frame last year. That figure doesn't include the woman who was burned to death, nor a man who was fatally stabbed at a Queens subway station the same day.

High-profile attacks such as stabbings and shovings also put many riders on edge in a city where millions ride the rails every day.

"When you have these incidents, it overshadows the success and it plays on the psyche of New Yorkers," Adams said in a televised interview earlier this week, noting that many high-profile incidents involve people with mental health issues.