Mayor Eric Adams, who continues to retire after being tested positive for COVID-19, will actually lead the ceremony.
It comes when the suspected shooter remains in jail, held without bail.
Frank R. James first appeared Thursday in federal court in Brooklyn, where cameras are not allowed.
James, who allegedly wore a gas mask, dropped a smoke bomb and opened fire on a crowded subway in Sunset Park, did not join the lawsuit.
He was held on a permanent detention order, although the judge did not prevent a future bail application.
U.S. Attorney’s Assistant Sarah Winick told a judge that 62-year-old James, who was taken into custody Wednesday after being found wandering the East Village and possibly calling police, scared the whole city.
“The defendant, horribly, opened fire on passengers on a crowded subway, interrupting their morning journeys in a way he had not seen in the city for 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 very presence of the defendant outside of federal detention poses a serious risk to the community and must be detained until trial.”
The judge agreed and rejected James’ bail for the time being.
“The complaint speaks for itself,” he said.
Related | Frank R. James: What we know about a Brooklyn subway shooting suspect
The attorney appointed for James’ court, Mia Eisner-Greenberg, has agreed to detain him without bail, for the time being, but will be able to apply for bail later.
New details emerged Thursday just after James’ appearance in court, in which investigators believe James may have rushed the alleged attack on Tuesday, law enforcement sources told ABC News.
Investigators are working to determine if James intended to carry out the attack while the train was entering 36th Street Station or if he was somehow startled and activated his smoke grenades earlier than planned, sources said.
Although James did not make any statements to the arresting police officers or at the compound, it is an avenue that investigators are examining.
As the subway car filled with smoke, it is believed that James knelt on his knee to avoid the rising smoke and opened fire from this hunched position. Investigators believe this is why most of the gunshot wounds were to his legs or hands.
In a lawsuit in court ahead of his appearance, federal prosecutors called the shooting calculated and “completely intentional,” saying James wore a hard hat and a construction worker-style jacket as a disguise and then dumped them after the shooting to avoid recognition.
Prosecutors offered James the means to carry out further attacks, noting that he had ammunition and other items related to the gun in a storage unit in Philadelphia.
While James’ lengthy detention record may seem “noteworthy,” they said he paints “a picture of a man with a tendency to defy authority and who is unable or unwilling to conform to the law.”
Prosecutors called it a “serious and ongoing risk to the community.”
Eisner-Greenberg also asked that her client undergo a psychiatric evaluation and stated that he was suffering from leg cramps. The lawyers agreed to a permanent detention order, pending a possible future bail request.
James spoke briefly during the hearing.
When asked if he understood his rights, he said, “Yes.” When asked if he saw the complaint, he said, “Yes, I have.” When asked if he understood the charge, he said, “Yes.”
NYPD Commissioner Keechant Sewell said James was spotted by passersby in the St. Marks Place and First Avenue area, and that among the calls that came to Crime Stoppers was a man who claimed to be the suspect himself.
According to police sources, James called the New York Police Department and told them he was the man the police were looking for and that he wanted to turn himself in.
“I think you’re looking for me,” the caller said. “I see my picture on all the news and I’ll be around this McDonald’s.”
He was located nearby and taken into custody without incident.
“New Yorkers, we got it,” said Mayor Eric Adams. “We caught him.”
Related | A man who identified the suspect in the Frank R subway shooting. James, marked cops talking
James is charged under federal law prohibiting terrorist attacks and other violent attacks in the mass transit system. The federal government also accuses him of crossing state lines.
“We hope this arrest will bring some comfort to the victims and residents of New York City,” Sewell said. “We used every resource at our disposal to gather and process significant evidence that directly linked Mr James Leary. We were able to shrink his world quickly. He had nowhere to run.”
Officials say the investigation is still ongoing, and call anyone with more information to call the NYPD Police Hotline at 1-800-577-TIPS (8477) or Spanish, 1-888-57-PISTA (74782).
James will face life in prison if convicted of assault, which left at least 29 people shot or otherwise injured, shaking a city that is no longer worried about the sharp rise in crime.
Officials said every possible motive was still unclear, but witnesses said the lone gunman appeared to be mumbling to himself wearing a reflective vest before wearing the gas mask and removing a container from his bag that filled the car with smoke. He then started firing.
Ten people were hit by bullets, while 19 others were shaken or injured in the ensuing chaos.
None of the injured were in life-threatening condition, and authorities said a magazine stuck in the gun could save lives.
Related | The Brooklyn subway shooting raises concerns about public transportation safety
After the shooting, NYPD Detective Commander James Assig said James boarded an R train that entered the station and traveled one stop before exiting at 25th Street Station. Afterwards, James was seen again at a subway station in Park Slope, just under an hour later Then before it fades from the eye.
Authorities have not found any significant criminal arrests in James’ criminal history, but only a number of charges of misdemeanor. But James was known to the NYPD with a rap sheet that lasted six years, 1992 to 1998, with nine previous arrests.
James ‘defamatory social media posts appear to be highly critical of the mayor for his homeless policies, including videos full of racist and sexist insults and raging remarks about Adams’ repression of people living on the subway.
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