Brooklyn subway shooting suspect Frank James ordered held on 'permanent detention' pending trial

Investigators say this surveillance image shows James leaving his U-Haul rental wearing and carrying gear described by witnesses to the subway attack. (Justice Department)

Frank R. James, the 62-year-old man accused of popping a smoke canister in a crowded New York City subway car before opening fire during the Tuesday morning rush hour, is in police custody after a good Samaritan spotted him walking down a Manhattan sidewalk in broad daylight Wednesday.

In the 30 hours between the attack and his arrest, investigators obtained and distributed images of the suspect in the hope that the public could help catch him. They searched a storage unit and apartment linked to him in Philadelphia, which he had spoken of in numerous videos posted to a now-disabled YouTube channel. And he may have taunted investigators by calling in the tip line to report himself, according to law enforcement sources, even as a security camera technician spotted him in the East Village and turned himself in.

Read more here: New York City subway shooting attack timeline

AP Photo/Elizabeth William

Photo caption reads: In this courtroom sketch, Frank James, seated at center of right table, and on left of the screen, upper right, appears during the brief proceeding in a federal court in the Brooklyn borough of New York, Thursday, April 14, 2022.

Frank James, 62, suspected of opening fire in a crowded New York City subway station has been taken into custody and charged with a terror-related offense, officials announce on Wednesday in New York City, United States on April 12, 2022. (Photo by Tayfun Coskun/Anadolu Agency via Getty Images)

Accused Brooklyn subway shooter Frank James was found guilty of harassment stemming from allegations he made terroristic threats in New Jersey in the 1990s, a court official confirmed to Fox News Digital on Wednesday.

James, 62, "was charged with two counts of terroristic threats for an incident that occurred in the mid-1990s" in New Jersey, confirmed Katherine Carter, a spokesperson for the Essex County Prosecutor’s Office. But at trial in Essex County Superior Court, he was "was found guilty of harassment and sentenced to one year probation," Carter said. 

The spokesperson later wrote in an email that the two terroristic threat charges were third-degree offenses under New Jersey law, and were therefore felonies. But James was convicted of harassment, which is "a disorderly persons" offense, and is not a felony.

A look at the penal codes provided by Carter for each charge defines one of the terroristic threat counts, 2c:12-3b, as pertaining to a person who "threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out."

The second count, 2c:12-3a, is defined by New Jersey statute as applying to someone guilty of threatening "to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience."

But James was instead convicted of harassment, a disorderly persons offense, penal code 2c:33-4, the spokesperson said. The penal code describes how someone is guilty of such an offense if he or she makes or causes "communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm," behaves in an alarming way or repeatedly acts in a way to "seriously annoy" another person. The charge also applies to someone who subjects someone else" to striking, kicking, shoving, or other offensive touching, or threatens to do so," the penal code states. 

Read more here: Brooklyn subway shooting suspect Frank James was charged for 'terroristic threats' in 90s, court official says

Mia Eisner-Grynberg, of Federal Defenders of New York and lawyer for mass shooting suspect Frank James, speaks with members of the media after a brief proceeding in Federal Court on April 14, 2022 in New York City. (Photo by Michael M. Santiago/Getty Images)

“What happened in the New York City subway system on Tuesday was a tragedy," federal public defender Eisner-Grynberg said. "It is a blessing that it was not worse."

She added: "We caution against a rush to judgment. What we do know is this: yesterday Mr. James saw his photograph on the news. He called Crime Stoppers to help. He told them where he was. Initial press and police reports in cases like this one are often inaccurate. Mr. James is entitled to a fair trial and we will ensure that he receives one.”

The entrance of the Metropolitan Detention Center, (MDC) in Brooklyn, a United States federal administrative detention facility is pictured on July 6, 2020 in New York City. (Photo by JOHANNES EISELE/AFP via Getty Images)

U.S. Bureau of Prison records show Frank R. James, 62, is being held at the Metropolitan Detention Center in Brooklyn, where he will remain pending and future bail applications the defense may submit.

James has been charged with one count of committing a terrorist or other violent attack against a mass transportation system. He faces up to life in prison if convicted.

New York City Police Department officers arrest subway shooting suspect Frank R. James, 62, in the East Village section, of New York, Wednesday, April 13, 2022. The man accused of shooting multiple people on a Brooklyn subway train was arrested Wednesday and charged with a federal terrorism offense after a daylong manhunt and a tipster's call brought police to him on a Manhattan street. (AP Photo/Meredith Goldberg)

Accused Brooklyn subway shooter Frank R. James entered the courtroom around 2:45 p.m. ET for his initial appearance in Brooklyn federal court, according to Fox News' Marta Dhanis, who was inside the courtroom. He was wearing an olive green prison-issued shirt and pants and blue sneakers, and sat flanked by his attorneys and spoke briefly when prompted by the judge.

He was not outfitted with shackles or handcuffs, and wore glasses at times during his appearance.

James sounded coherent and alert, and looked at the judge attentively.

He answered "Yes," or "Yes, I have," when a magistrate judge asked him questions, including if he understood the charges brought against him.

The government spoke only briefly during the 10-minute appearance. Assistant U.S. Attorney Sara Winik told the court: "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. 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.”

Meanwhile, the defense asked for a psychiatric evaluation. Defense attorney Mia Eisner-Grynberg further said her client takes magnesium for “leg cramps,” and asked that he be provided the supplement during his detention.

New York City Police, left, and law enforcement officials lead subway shooting suspect Frank R. James, 62, center, away from a police station, in New York, Wednesday, April 13, 2022. (AP Photo/Seth Wenig)

Frank James' initial appearance in Brooklyn federal court wraps after about 10 minutes, during which time the suspect was heard for the first time while answering procedural questions from the judge.

The magistrate judge ordered James be held in permanent detention pending any potential bail packages that the defense may present in the future.

James has been charged with one count of committing a terrorist or other violent attack against a mass transportation system. He faces up to life in prison if convicted.

Earlier in the day, prosecutors asked that the 62-year-old suspect be held in “permanent detention” pending his trial, according to court papers obtained by Fox News’ Marta Dhanis.

"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,” states a detention memo filed in Brooklyn federal court on Thursday.

“The defendant presents a severe and ongoing danger to the community, as well as a serious risk of flight, that no set of release conditions can mitigate."

James is accused of boarding a Brooklyn subway train on Tuesday morning, then deploying a smoke canister and firing his weapon 33 times “in cold blood at terrified passengers who had nowhere to run and nowhere to hide,” the detention memo states. Officials have said 29 people were injured, including 10 who suffered gunshot wounds.

Fox News' Marta Dhanis reported from inside the courtroom.

Read more here: Accused Brooklyn subway shooter Frank James: Judge orders suspect held on 'permanent detention' pending trial

Assistant U.S. Attorney Sara Winick says James' Tuesday morning attack was "premeditated, was carefully planned, and caused terror" to unsuspecting New Yorkers.

The magistrate judge orders James be held in permanent detention pending any potential bail packages that the defense may present in any future bail applications.

Fox News' Marta Dhanis is reporting from inside the courtroom.

James, 62, walked in at about 12:45 p.m. wearing an olive green prison-issued shirt and pants and blue sneakers. He sat flanked by his attorneys and spoke briefly when prompted by the judge.

Fox News' Marta Dhanis is reporting from inside the courtroom

Frank R. James appeared in a Brooklyn federal court at about 12:45 p.m.. local time, joined by his court-appointed federal defender, Mia Eisner-Grynberg. The prosecution team consists of Assistant U.S. Attorneys Sara Winik, Ian Richardson and Ellen Sise.

On Wednesday, U.S. Attorney Breon Peace, of the Eastern District of New York in Brooklyn, said James was being charged with one count of committing a terrorist or other violent attack against a mass transportation system.

"If convicted, he will face a sentence of up to life imprisonment," Peace told reporters at the time.

James' attorney has not responded to Fox News Digital's request seeking comment.

In this photo from social media video, passengers run from a subway car in a station in the Brooklyn borough of New York, Tuesday, April 12, 2022. (Will B. Wylde via AP)

The accused Brooklyn subway terrorist Frank James might have conducted a test run of smoke grenades at nearby New York City airfield before the Tuesday morning shooting attack, according to a report. 

In the hours after James was apprehended in Manhattan’s East Village Wednesday afternoon, police received a tip that a white van, possibly a U-Haul, had been spotted early Tuesday at the Floyd Bennett Field, an airfield in the Marine Park neighborhood of Brooklyn along the Jamaica Bay, WNBC reported, citing three unnamed law enforcement sources. 

The tipster added that someone might have been testing smoke grenades around the same time in a wooded area nearby. 

Read more here: Brooklyn subway shooting suspect Frank James possibly did 'test run' of smoke grenades at NYC airfield, report says

Prosecutors on the federal case against accused Brooklyn subway shooter Frank R. James are requesting that the 62-year-old suspect be held in “permanent detention” pending his trial, according to court papers obtained by Fox News’ Marta Dhanis.

"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,” states a detention memo filed in Brooklyn federal court on Thursday. “The defendant presents a severe and ongoing danger to the community, as well as a serious risk of flight, that no set of release conditions can mitigate."

James is accused of boarding a Brooklyn subway train on Tuesday morning, then deploying a smoke canister and firing his weapon 33 times “in cold blood at terrified passengers who had nowhere to run and nowhere to hide,” the detention memo stats. Officials have said 29 people were injured, including 10 suffered gunshot wounds.”

"The defendant’s criminal conduct was extraordinarily serious. The victims who boarded the defendant’s subway car on the morning of April 12 could not have predicted the horror that would await them on their morning commute,” the memo states.

James has been charged with one count of  committing a terrorist or other violent attack against a mass transportation system. A public defender appointed to represent him did not respond to Fox News Digital's request seeking comment.

He faces up to life in prison if convicted. 

Read more here: Accused Brooklyn subway shooter Frank James: Prosecutors seeking 'permanent detention' pending trial

Fox News host reacts to the Brooklyn subway shooting on 'Tucker Carlson Tonight.'

Subway shooting suspect Frank James had posted dozens of videos on social media about race, violence and his struggles with mental illness before he allegedly opened fire inside a Brooklyn subway car on Tuesday.

New York City police on Wednesday said they were still searching for his motive in the attack that left 10 people shot and more injured.

Hours of rambling, bigoted, profanity-laced videos on his YouTube channel seemed to point to a deep, simmering anger.

“This nation was born in violence, it’s kept alive by violence or the threat thereof, and it’s going to die a violent death,” says James in a video where he takes on the moniker “Prophet of Doom.”

In one message he complained about the treatment of Black people, saying, “And so the message to me is: I should have gotten a gun, and just started shooting.”

He also gave his opinions about an array of topics, including homelessness, NYC Mayor Eric Adams, Black women and 9/11.

James had 12 prior arrests in New York and New Jersey, including for possession of burglary tools, criminal sex act, trespassing, larceny and disorderly conduct.

The Associated Press contributed to this report.

Ret. FBI supervisory special agent James Gagliano reveals why tracking the New York City subway shooter did not prevent him from allegedly doing the crime on ‘Tucker Carlson Tonight.’

A criminal complaint was unsealed in federal court in Brooklyn Wednesday, charging Frank James with conducting a violent attack on a mass transportation vehicle, according to the Department of Justice.

New York City police officers arrested James in Manhattan earlier Wednesday. He will make his initial court appearance on Thursday, April 14, before United States Magistrate Judge Roanne L. Mann.

If convicted, James faces a maximum sentence of life imprisonment. 

Click here for Wednesday's live coverage.