The man accused of opening fire on a rush-hour New York subway car did so with “premeditated” intentions and had access to a “stockpile” of weapons, prosecutors said Thursday.
Frank James, 62, made his initial appearance in a federal courtroom and stands accused of committing a terrorist attack on mass transit, a federal charge that could bring a life sentence if convicted, prosecutors said.
James picked up a U-Haul van on Monday in Philadelphia and came to New York City with violent plans, according to a memo filed by the government.
“The defendant committed a premediated mass shooting on the New York City subway system and then fled the scene, with a stockpile of ammunition and other dangerous items stowed in his storage unit,” the federal prosecutors wrote.
U.S. Magistrate Judge Roanne L. Mann ordered a “permanent order of detention” as the case moves forward but said the defense can make a bail application down the road.
While James’ defense lawyers didn’t object to the judge’s jail order, Assistant U.S. Attorney Sara Winik said she wanted to be heard on the matter.
“The defendant terrifyingly opened fire on passengers on a crowded subway train, interrupting their morning commute in a way the city hasn’t seen in more than 20 years,” Winik told the court.
“The defendant’s attack was premeditated, was carefully planned and it caused terror among the victims and our entire city. The defendant’s mere presence outside federal custody presents a serious risk of danger to the community.”
During the brief hearing that lasted less than 10 minutes, James answered a handful of questions from the judge, saying he understood the proceeding and the case filed against him.
He was not asked to enter a plea.
The judge also granted Assistant Federal Defender Mia Eisner-Grynberg’s request that the Bureau of Prisons conduct a psychiatric evaluation of James and supply him with magnesium tablets that he takes for leg cramps.
James was arrested Wednesday afternoon in the East Village neighborhood of Manhattan, ending an intense 24-hour-plus search after a gunman unleashed the unprovoked attack on rush-hour commuters in Brooklyn.
Thursday’s hearing is about three and a half miles from where the attack took place a little before 8:30 a.m. on Tuesday. The mayhem unfolded aboard a Manhattan-bound N train as it pulled into the 36th Street station in Brooklyn’s Sunset Park neighborhood.
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A man wearing a construction-site-style vest and a hardhat put on a gas mask, set off two smoke canisters and opened fire with a Glock 9 mm handgun, shooting 33 rounds that wounded 10 people, police have said.
All of the wounded are expected to survive, but the melee has heightened fears about street crime in New York City, particularly on the subway.
Outside the federal courthouse, Eisner-Grynberg decried Tuesday’s attack and called it a “blessing” that no one was killed and more people were not injured.
The defense lawyer also confirmed that James called Crime Stoppers and told authorities where to find him. She cautioned against a “rush to judgment” and reminded the public that her client is entitled to a fair trial.
Hours after the attack, Mayor Eric Adams, a former police officer who made fighting crime a focal point of his campaign last year, announced he would significantly boost police presence on the subway.
Tuesday’s attack will also complicate the ongoing debate about return-to-office mandates as some employers seek to bring workers back to desks and cubicles they’ve barely seen over the last two years because of the pandemic.
Myles Miller, Jesse Kirsch and Jonathan Dienst contributed.
Source: | This article originally belongs to Nbcnews.com
