Brooklyn subway shooting suspect is in custody, set to appear in court Thursday

CNN
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Frank James, the man arrested on suspicion of setting off smoke grenades and shooting 10 people at a Brooklyn subway station Tuesday morning, will make his initial court appearance Thursday, authorities said.

James was charged in federal court with violating a law that prohibits terrorist and other violent attacks against a mass transportation system, according to Breon Peace, US Attorney for the Eastern District of New York. If convicted, he could spend life in prison, Peace said.

“As alleged, the defendant committed a heinous and premeditated attack on ordinary New Yorkers during their morning subway commute,” Peace said in a statement. “All New Yorkers have the right to expect that they will be safe as they travel throughout our great city and use our vital transportation systems.”

The timing of James’ appearance in federal court will be confirmed Thursday morning, according to US Attorney’s Office spokesman John Marzulli.

James had been named a “person of interest” by the New York City Police Department after possessions of his, including a key to a U-Haul he rented, were found at the scene. He was declared a suspect in the shooting Wednesday, and the city issued an emergency alert to residents saying James was “wanted” and asking for tips.

The 62-year-old called police tips hotline Crime Stoppers Wednesday to tell authorities he was at a McDonald’s in the Lower East Side of Manhattan, two law enforcement sources told CNN.

The call dropped moments later and was followed by a 911 call from another person who said they had spotted James, one of the two sources told CNN.

Police responded to the McDonald’s and did not find James, sources told CNN, but shortly after, officers came across a bystander who flagged James to them, a senior law enforcement source said. He was arrested without incident.

“Like all New Yorkers, I am deeply grateful that the suspect in yesterday’s subway shooting has been apprehended and thankful for law enforcement and every first responder whose heroic efforts helped New York City respond to this horrific incident,” New York Gov. Kathy Hochul said Wednesday. “My heart is with all those who are injured, their loved ones, and the entire Sunset Park community.”

CNN has reached out to James’ federal defender for comment.

CNN obtained video showing the arrest of subway shooting suspect Frank James who was taken into custody in New York City Wednesday. The video shows James in handcuffs being escorted by two police officers in the street.

The shooting – which started on a subway train as it approached the 36th Street station in Brooklyn’s Sunset Park neighborhoods during Tuesday’s morning commute – left at least 29 people with injuries ranging from gunshot wounds to smoke inhalation. Five remained hospitalized as of Wednesday evening.

The gunman fired at least 33 times and struck 10 people, according to NYPD Chief of Detectives James Essig. Officials have said none of the injuries appeared to be life-threatening.

James initially got on the subway’s N train at the Kings Highway Station at about 8: 30 a.m. Tuesday, Essig said.

Hourari Benkada, 27, who was shot in the back of the knee, said he’d gotten into the last car of the N train and sat next to a man with a duffel bag who appeared to be wearing an MTA public transit vest. The man let off a “smoke bomb,” he said, and passengers tried to flee as the man then began firing.

The shooting started about 20 seconds after the train left the 59th Street station and felt like it lasted for nearly two minutes, Benkada said.

After allegedly opening fire on the train, James got off at the 36th Street station, boarded an R train across the platform and rode to the 25th Street station stop, Essig said.

Less than an hour later, he was spotted boarding the subway at the 7th Avenue and 9th Street station, about 1.5 miles away, Essig added.

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