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Daniel Ignacio's lawyer says the 27-year-old Guatemalan immigrant could be indicted as soon as today.

Ignacio is facing second-degree murder and arson charges.

His attorney maintains Ignacio acted "heroically" – saving a two year old from the flames by passing him to safety before getting out of the Bensonhurst building.

She also doesn't believe statements Ignacio made to police will prove he meant to start the fire, adding there are problems with how police got his statement.

Ignacio is being held without bail.

Prosecutors say he told police he was drunk and threw a lit roll of toilet paper on a baby carriage near the door before heading to bed.

According to the New York Post, neighbors say Ignacio was angry with Miguel and Luisa Ordoñez de Chan for leaving the stroller in the hallway of the building.

Ordoñez de Chan and four others died in the fire.