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Zapeta-Calil, 33, is accused of setting fire to an unidentified woman who was asleep on an F train approaching the Stillwell Avenue station in Brooklyn early Sunday morning. Zapeta-Calil allegedly ignited her clothes and “fanned the flames” with a shirt as the fireengulfed her, according to police testimony in a complaint filed in Brooklyn Criminal Court.
“These are significant counts. Murder in the first degree carries the possibility of life without parole. It’s the most serious statute in New York state law and my office is very confident about the evidence in the case and to hold Zapeta accountable for his dastardly deeds,” Gonzalez said.
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“Our hearts go out not only to this victim, but we know that there’s a family just because someone appears to have been living in this situation of homelessness does not mean that there’s not going to be family devastated by the tragic way she lost her life,” Gonzalez said.
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“Her life mattered, and we believe that we can do something and that anyone can participate, and that is the power of prayer,” Rev. Kevin McCall, founder of the Crisis Action Center, told the outlet.
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Friday’s court hearing follows Zapeta-Calil’s arraignment Tuesday on charges of first- and second-degree murder and arson. He did not enter a plea.
During his initial court appearance, Zapeta-Calil claimed to have no knowledge of the incident, noting his alcohol consumption. He did, however, identify himself in photos related to the attack, said Assistant District Attorney Ari Rottenberg.
Zapeta-Calil was hospitalized on Monday night, which postponed his arraignment by several hours, said Helen Peterson, Brooklyn District Attorney’s Office deputy director of communications.
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“This is a country of immigrants,” New York City Mayor Eric Adams said on Fox 5 New York, “But those who violate that pursuit, we need to immediately remove them from our country.”
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Police initially suspected the fire might have been accidental due to liquor bottles found near the victim, sources said. But a review of surveillance video shifted the investigation’s focus to Zapeta-Calil.
He was identified and apprehended later that day after being recognized by three high school students who had seen images shared by the NYPD. Officers stopped a subway train at Herald Square, where they found him with a lighter in his pocket, NYPD Chief of Transit Joseph Gulotta said.
“This gruesome and senseless act of violence against a vulnerable woman will be met with the most serious consequences,” Brooklyn District Attorney Eric Gonzalez said.
“This type of depraved behavior has no place in our subways and we are committed to working hard to ensure there is swift justice for all victims of violent crime,” Adams said ina post on X.
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Dave Giffen, executive director of the Coalition for the Homeless, says the incident highlights how homeless individuals are often politicized rather than provided with necessary housing and services.
“What is frustrating about all this is that when these horrible incidents happen and homeless people are victimized and in the rare instance, they are the perpetrator, they are used for political purposes rather than doing something to provide permanent housing and services,” Giffen said.
Why is Bhanderi Infracon Limited (538576) falling ✌️【Risk Control】✌️ Real-time stock market data, precise predictions, and investment strategies to help you optimize your portfolio and achieve financial success. Adams, who has repeatedly suggested local law enforcement should cooperate with federal authorities on crimes committed by undocumented people, said his office is directing the NYPD to work with federal officials and assess the possibility of bringing federal charges for Zapeta-Calil.
“Lighting another human being on fire and watching them burn alive reflects a level of evil that cannot be tolerated,” Kayla Mamelak Altus, a spokesperson for Adams, said in a statement Friday.
“That is why, in coordination with Police Commissioner Tisch, Mayor Adams has directed the NYPD to work within our legal authority and in partnership with ICE’s Homeland Security Investigations team to explore criminal charges against Mr. Zapeta-Calil under the federal arson statute.”
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Gonzalez, who spoke to reporters outside court, appeared to downplay the mayor’s suggestion. “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,” the Brooklyn DA said.
“Second, very simply state law is more significant in this case. Given the heinous nature of this case, I believe that the maximum penalty should be imposed and currently that would be in state court.”
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