New York City subway shooting suspect arrested, charged with federal terror offence

The man arrested Wednesday in the shooting of 10 people on a Brooklyn subway was charged with a federal terrorism offence, a day after the attack on a crowded rush-hour train.

The U.S. Attorney for the Eastern District of New York, Breon Peace, announced the charge against Frank R. James, 62, at an afternoon news conference. James was taken into custody in Manhattan's East Village neighbourhood shortly beforehand.

Law enforcement located James after police received a tip about his whereabouts.

James is accused in the Tuesday morning attack which left five people in critical condition, though all 10 gunshot victims were expected to survive. The charge against him carries a sentence of up to life in prison.

Police had initially said Tuesday that James was being sought for questioning because he had rented a van possibly connected to the attack, but weren't sure whether he was responsible for the shooting.

In recent months, James had railed in online videos about racism and violence in the U.S. and about his experiences with mental health care in New York City.

In some videos, he criticized the policies of New York Mayor Eric Adams on mental health and subway safety.

The gunman set off smoke grenades in a crowded subway car and then fired at least 33 shots with a nine millimetre handgun, police said. Five gunshot victims were in critical condition but all 10 wounded in the shooting were expected to survive. At least a dozen others who escaped gunshot wounds were treated for smoke inhalation and other injuries.

The shooter escaped in the chaos, but left behind numerous clues, including the gun, ammunition magazines, a hatchet, smoke grenades, gasoline and the key to a U-Haul van.

That key led investigators to James, a New York City-area native who had more recent addresses in Philadelphia and Wisconsin.

Federal investigators determined the gun used in the shooting was purchased by James at a pawn shop — a licensed firearms dealer — in the Columbus, Ohio, area in 2011, a law enforcement official said.

The van was found, unoccupied, near a station where investigators determined the gunman had entered the subway system. No explosives or firearms were found in the van, a law enforcement official said. Police did find other items, including pillows, suggesting he may have been sleeping or planned to sleep in the van, the official said.

Investigators believe James drove up from Philadelphia on Monday and have reviewed surveillance video showing a man matching his physical description coming out of the van early Tuesday morning, the official said. Other video shows James entering a subway station in Brooklyn with a large bag, the official said.

In addition to analyzing financial and telephone records connected to James, investigators were reviewing hours of rambling, profanity-filled videos James posted on YouTube and other social media platforms — replete with violent language and bigoted comments, some against other Black people — as they tried to discern a motive.