The man, arrested on terrorism charges after shooting 10 people in a New York subway, was denied bail and was remanded in custody Thursday after his first court appearance.
Frank James, 62, has not been charged with violating a law banning terrorist and violent attacks on public transport.
He was detained without incident by patrol officers in lower Manhattan on Wednesday after a 30-hour search. James, who was raised in the Bronx, is accused of firing 33 shots with a 9mm Glock and detonating a smoke bomb in a full subway car during Tuesday morning rush hour.
“The defendant opened fire on passengers in a crowded subway train, interrupting their morning journey in a way the city has not seen in more than 20 years,” said Assistant Attorney General Sarah K. Winick. “The attack on the defendant was deliberate, carefully planned and caused terror among the victims and our entire city.
Nearly 30 people were injured, including at least four students. The gunman escaped the chaotic scene by boarding another train after throwing away the gas mask and neon jacket he was wearing.
James, who appeared in court in a khaki prison uniform and blue surgical mask, spoke only to admit that he had seen the complaint. He faces up to life in prison if convicted.
His lawyer has agreed to detain James, at least for now, but may seek bail at a later stage.
Following a request from the defense, Judge Roan Mann agreed to ask the Federal Bureau of Prisons to provide James with “psychiatric attention” as well as magnesium tablets for leg cramps at Brooklyn Federal Prison, where he is being held.
James was arrested after several members of the public spotted him at a McDonald’s center and called Crime Stoppers. He was detained by two unsupported patrol officers on a nearby street corner. The media reported that James also called the police to tell them his own whereabouts, it has not been confirmed.
The complaint describes a wealth of evidence that authorities say links James to the mass shooting.
Authorities at the scene found a bag containing a Glock pistol, a plastic container with gasoline, a torch, a U-Haul key and several bank cards, as well as another bag with fireworks.
James bought the gun from a licensed gun dealer in Ohio in 2011. The bank cards had James’ name on them, and the U-Haul key was linked to a van James had rented in Philadelphia the day before, according to the complaint. Authorities also tracked down the purchase of James’ gas mask through an eBay account.
In addition, a neon orange jacket dumped on the Sunset Park subway platform where the gunman landed had a receipt for a warehouse in Philadelphia registered to James, according to the complaint.
Authorities found ammunition and other weapons in James’ vault, which prosecutors say shows he plans to attack again.
“The defendant deliberately fired in the New York subway and then fled the scene, ammunition and other dangerous items were stored in his warehouse. “The defendant poses a serious and continuing danger to the community, as well as a serious risk of absconding that no conditions of release can mitigate,” wrote Breon Peace, U.S. District Attorney for New York’s Eastern District Judge. hearing.
Authorities have found no evidence linking him to terrorist organizations.
James was born and raised in New York City and moved to Milwaukee, although he recently left Wisconsin and lived briefly in Philadelphia. His previous criminal history includes nine arrests in New York between 1992 and 1998, mostly for crimes, and three in New Jersey (1992, 1993 and 2007) for crimes including hooliganism and abuse of power.
Investigators are now investigating hours of scattered videos that James appears to have posted on social media, including a day before the attack, which described racism, public attitudes toward blacks, homelessness and violence.
In a video released last month, James named the city’s relatively new mayor, Eric Adams, criticizing his recently announced public safety policies targeting homeless people on the subway. He also talks about his own history of PTSD and the plight of mental health services.
Prior to Tuesday’s attack, Adams, who is recovering from Covid, had deployed thousands of additional police officers to patrol the transit system and forcibly remove homeless people who had taken refuge in stations after a series of violent subway attacks. After the attack, Adams said the city was exploring cutting-edge technology to find weapons for the subway that could be piloted soon.
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