CNN — Sebastian Zapeta-Calil, the 33-year-old undocumented migrant accused of setting fire to a woman who was asleep while riding a New York City train, was arraigned Tuesday on charges of first- and second-degree murder and arson, according to a complaint released by the Brooklyn District Attorney’s office. US Suspect in fatal New York subway burning of passenger arraigned in court By Hanna Park, Gloria Pazmino, Jeff Winter, Lauren Mascarenhas and Eric Levenson, CNN 5 minute read Updated 7:17 PM EST, Tue December 24, 2024 NYPD explains what happened when woman was set on fire aboard NYC subway train 01:56 - Source: CNN CNN — Sebastian Zapeta-Calil, the 33-year-old undocumented migrant accused of setting fire to a woman who was asleep while riding a New York City train, was arraigned Tuesday on charges of first- and second-degree murder and arson, according to a complaint released by the Brooklyn District Attorney’s office. The New York City Office of the Medical Examiner determined the victim – who remains unidentified – died by homicide, the cause of her death was determined to be the result of “thermal injuries” and “smoke inhalation,” according to the complaint filed in Brooklyn Criminal Court. Zapeta-Calil allegedly set fire to the victim’s clothing Sunday morning and “fanned the flames” by waving a shirt around her, causing her to become engulfed in flames, according to testimony from police officers on the scene, which is outlined in the document. The incident has intensified existing fears about safety and disorder on the subway, given a troubling trend of recent random attacks, and put a spotlight on several issues major cities such as New York have been grappling with for years, such as homelessness, illegal immigration and substance abuse .Police said Zapeta-Calil approached the victim silently before igniting her clothing, causing flames to engulf her “in a matter of seconds.” Surveillance video showed the suspect watching the victim burn from a bench outside the subway car. He did not enter a plea during his arraignment on Tuesday. CNN has reached out to Zapeta-Calil’s attorney for comment. Zapeta-Calil claimed he didn’t know what happened and noted that he consumes alcohol, the prosecutor said, according to reporting from the Associated Press about his arraignment. He also identified himself in images of the attack, according to Assistant District Attorney Ari Rottenberg, the Associated Press reported. Here’s what we know about an act authorities have described as a “brutal murder” and indicative of “depraved behavior.” The suspect Zapeta-Calil, an undocumented immigrant from Guatemala, had been deported in 2018 and subsequently returned to the US illegally, according to federal immigration authorities. His most recent address in an arrest report was listed as a homeless shelter in Brooklyn for men struggling with substance abuse, the New York City Police Department said.