NEW YORK (NewsNation) — Attorneys for the suspect accused of burning a woman to death on a New York subway are gearing up for a possible insanity defense.
New York City police have arrested a man on murder and arson charges in the death of a woman who was set on fire inside a subway train early Sunday morning.
Sebastian Zapeta-Calil, 33, was arrested Monday after being taken into custody the previous day. He’s charged with first-degree murder, second-degree murder and arson. It is unclear if Zapeta-Calil has an attorney and when he would be arraigned.
Immigration officials say Zapeta-Calil, who is from Guatemala, had been deported in 2018 and didn’t have permission to be in the U.S.
Zapeta-Calil is currently being held at Brooklyn Central Brooking. It is unclear when and where Zapeta reentered the U.S.
Here’s what else is known so far.
Defense may seek insanity plea: Source
Zapeta-Calil’s attorneys are seeking a psychological evaluation, according to a source familiar with the investigation.
The suspect was taken to Interfaith Medical Center Monday night; however, officials have not confirmed if he was given a psych evaluation.
Police told me the victim had no identification on her and that they may need the victim’s dental records to identify her given the condition of the body.
A Brooklyn address listed for Zapeta-Calil released by police matches a service center for Samaritan Daytop Village, which provides housing and substance abuse support.
The organization has not yet responded to NewsNation’s request to confirm whether Zapeta-Calil lived there or at a different facility.
Woman severely burned, only teeth can ID her: NYPD
The woman was asleep on a stopped F train at the Coney Island-Stillwell Avenue station in Brooklyn around 7:30 a.m. Sunday when the suspect set her clothing on fire, The New York Police Department said.
Officers at the station reportedly smelled and saw smoke and observed the victim in the train car fully engulfed in flames, according to NYPD Commissioner Jessica Tisch. The fire was extinguished, and the woman was pronounced dead.
Police have not yet released her identity. Authorities said the victim was burned so badly that teeth will likely be needed to identify her, NewsNation WPIX reported.
Teens help police find suspect
Police say the suspect stayed on the scene and was seated on a bench on the platform outside the train car. Body-worn cameras from responding officers provided a detailed look at the suspect.
After pictures of the suspect were released, three high school-age New Yorkers called 911 saying they saw and recognized him on a train at the York Street station, police say.
“Our officers at District 2 stopped that train at Herald Square and was able to keep the doors closed, walk the train, and place this very dangerous individual in custody. This is amazing work done by the public and the police working together.”
The suspect had a lighter in his pocket, police say.
New York Gov. Kathy Hochul this year has sent New York National Guard members to the city’s subway system to help police conduct random searches of riders’ bags for weapons following a series of high-profile crimes on city trains. Hochul recently deployed additional members to help patrol during the holiday season.
NewsNation affiliate WPIX and The Associated Press contributed to this report.
