After making a brief appearance in federal court on Thursday, Frank R. James, the man accused of donning a gas mask, releasing a smoke bomb, and opening fire on a crowded subway train in Brooklyn, will remain in federal detention.
An order of permanent imprisonment was issued for him, although the judge did not exclude him from making a bail application at any point.
The 62-year-old James, who was apprehended Wednesday after being seen strolling through the East Village and perhaps calling police on himself, terrified the entire city, according to Assistant US Attorney Sara Winik.
“The defendant, terrifyingly, opened fire on passengers on a crowded subway train, interrupting their morning commute in a way this city hasn’t seen in more than 20 years,” she said. “The defendant’s attack was premeditated, it 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 and he should be detained pending trial.”
For the time being, the judge agreed and denied James bail.
“The complaint speaks for itself,” he said.
Mia Eisner-Grynberg, James’ court-appointed lawyer, agreed to his detention without bail for the time being, but said he may request bail later.
Federal prosecutors described the shooting as intentional and “entirely premeditated” in a court filing, claiming that James wore a hard hat and construction worker-style jacket as a disguise and then shed them after the gunfire to escape detection.
Prosecutors said James had the capability to carry out future assaults because he had ammo and other gun-related goods in a storage unit in Philadelphia.
WWhile James’ lengthy arrest record may appear “unremarkable,” they believe it portrays “a picture of a person with a penchant for defying authority and who is unable or unwilling to conform his conduct to law.”
Prosecutors called him a “severe and ongoing risk to the community.”
Eisner-Grynberg also requested a mental test for her client, noting that he has leg cramps. The lawyers agreed to a temporary restraining order pending a future bail application.
While the hearing was going on, James just said a few words.
Asked if he understood his rights, he said, “Yes.” Asked if he has seen the complaint, he said, “Yes, I have.” Asked if he understands the charge, he said, “Yes.”
Bystanders noticed James at St. Marks Place and First Avenue, according to NYPD Commissioner Keechant Sewell, and among the calls to Crime Stoppers was a person claiming to be the suspect himself.
James called the NYPD and informed them he was the man they were seeking for and that he wanted to turn himself in, according to police sources.
“I think you’re looking for me,” the caller reportedly said. “I’m seeing my picture all over the news and I’ll be around this McDonalds.”
He was apprehended without incident after being found nearby.
“My fellow New Yorkers, we got him,” Mayor Eric Adams said. “We got him.”
James is accused under a federal law that makes terrorist and other violent acts on public transportation illegal. He is also accused of breaching state lines by the federal government.
“We hope this arrest brings some solace to the victims and the people of the city of New York,” Sewell said. “We used every resource at our disposal to gather and process significant evidence that directly links Mr. James to the shooting. We were able to shrink his world quickly. There was nowhere left for him to run.”
Officials said the investigation is still ongoing, and anyone with information should contact the NYPD’s Crime Stoppers Hotline at 1-800-577-TIPS (8477) or 1-888-57-PISTA in Spanish (74782).
If convicted in the attack, which left at least 29 people shot or injured, James faces a life sentence in jail, rattling a community already shaken by a significant surge in violence.
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