Police in New York have arrested Frank James, the suspect in yesterday's mass shooting attack on the New York Subway.
He has been charged with a federal offence - intent to commit terrorism or other violent attack against a mass transit system. If convicted he faces a sentence of up to life imprisonment.
Mr James was named as a person of interest within hours of the attack yesterday.
That status was changed to suspect overnight, after the Bureau of Alcohol, Tobacco and Firearms traced a 9mm Glock 17 pistol found at the scene of the attack to James.
He had bought the weapon in Ohio in 2011.
The New York Police Department said Mr James was known to them, and has nine prior arrests, mostly for burglary offences.
We need your consent to load this rte-player contentWe use rte-player to manage extra content that can set cookies on your device and collect data about your activity. Please review their details and accept them to load the content.Manage Preferences
He also has three prior arrests in New Jersey for trespass, larceny and disorderly conduct.
Asked why he could have legally bought a firearm with a criminal record, New York police said the law prohibits people with a felony conviction from buying firearms, but none of Mr James' convictions were felony offences.
The 62-year-old was arrested by uniformed officers acting on a tip off to the "Crimestoppers" phone line, according to the New York Police Commissioner.
A member of the public said the suspect was seen in a McDonalds restaurant in the East village area of New York.
When officers arrived he was no longer there, but as they started searching the area he was spotted on the streets, and taken into custody without incident.
Video of the arrest has been posted on social media.
The FBI said a search of their records did not show that Mr James was known to that agency.
It said reports that Mr James had been previously interviewed by the New Mexico FBI office were wrong.
Prosecutors noted that Mr James had travelled across state lines on his way to the attack, and had transported materials used in the attack across state lines.
The attack began during yesterday's morning commuter rush as the Manhattan-bound 'N Line' train was pulling into an underground station in Brooklyn's Sunset Park neighbourhood.
The gunman removed two canisters from his bag and opened them, sending smoke throughout the train car.
Police said the man then fired 33 rounds from a Glock 9mm semi-automatic handgun, which was later recovered, along with three extended ammunition magazines, a hatchet, some consumer-grade fireworks and a container of gasoline.
The gun apparently jammed in the midst of the shooting, potentially preventing a higher casualty toll, CNN and local media outlets reported, citing law enforcement sources.
Ten people struck by gunfire
Police said ten people were struck directly by gunfire, five of them hospitalised in a critical but stable condition.
Thirteen others suffered respiratory distress or were otherwise injured in the crush of frantic riders fleeing the smoke-filled subway car.
Some injured passengers collapsed as they poured onto the platform of the 36th Street Station, but all victims are expected to survive their injuries, police said.
New York City has seen a sharp rise in violent crime during the pandemic, including a string of seemingly random attacks on its subways.
The transit violence has included a number of attacks in which passengers were shoved onto the tracks from platforms, including a Manhattan woman whose murder was seen as part of a surge in hate crimes against Asian Americans.
Mayor Eric Adams, who has vowed to improve subway safety by increasing police patrols and expanding mental health outreach programmes, called yesterday's incident "a senseless act of violence" and pledged to double the number of officers assigned to subway security.
"We know that he (the person responsible for the attack) wanted to bring terror to come on the (subway) system with a gas mask, with a gun, several clips as well as throwing a smoke bomb."
New York Governor Kathy Hochul pledged "the full resources of our state to fight this surge of crime, this insanity that is feeding our city".
Additional reporting Reuters
