marks in manhattan, and police were taken to the scene because of a stabbing. we will get more from pete in a couple seconds. let me give you an update on what we know about james as of now. he has a youtube channel called prophet of truth. he said i wanted to watch people die right in front of my blank face immediately. in another video addressing mayor adam's efforts to tackle safety and homelessness on the subways, he said it was, quote, doomed to fail. here's what mayor adams said today when he was asked about the social media posts. >> i was briefed by the police department on some of his social media posts. i think when you look at people who have engaged in social media all day, make these posts, he appears to be all over the place according to the briefing. i just think that we need to focus on his apprehension at this time and the police department is going to use those posts and all the evidence that we are gathering not only to apprehend him, and we must make sure that he's prosecuted. >> police do have a suspect in custody right now, and they also say they have a growing pile of evidence connected james to the crime, including a gun and ammunition found at the scene along with a tote bag filled with more smoke canisters, a hatchet, a spray bottle of gasoline and fuse. they found a set of keys which led them to a u haul van. they have video showing james getting out of the van yesterday morning and walking into a subway station and getting on a manhattan bound n train which they believe he was on for an hour before setting off a smoke grenade and opening fire. we will get a briefing on all this in just a moment. joining me is pete williams and chris jansing. >> the word we have right now, there's a suspect in custody, the initial word is that it is frank james. he has been -- this person has been taken to the local police precinct. he was arrested in the east village of st. marks and 1st avenue, which is near avenue a and first avenue. we are waiting to make sure that is him, but the initial word is that it is. we will get the official word here shortly, but that's the initial take from the officers on the scene talking to our affiliate, wnbc in new york and other law enforcement officials that we have talked to. the search has moved very quickly considering there was such a durth of evidence. now we know that the gunman left behind an enormous amount of evidence, most importantly the gun that authorities say was used in the shooting, which frank james purchased, according to law enforcement officials, 11 years ago in columbus, ohio. that was a key factor from switching him to the person of interest last night to a suspect this morning. then, of course, there was a key to a u haul van and the credit card used to rent it. the van was found a short distance away from the inference from one of the subway stations that he boarded, the one in the video that was seen. the camera was not working at the 36th street station, which was the subway stop where the train came to immediately after the shooting, and that's the shooting you saw of people getting out. but he -- he boarded the subway about ten or 12 stops before that down the line, or i guess you would say up the line, southbound away from manhattan, and that's near where he parked the van. as you say, he was on the subway line for well over an hour before he settled on to the car on the train and began firing the shots. there's a huge amount of evidence here. a cell phone has been found, and authorities can use that to trace his movements. they know he rented the van in pennsylvania, that he had a storage unit there that he shutdown before coming to new york. he left behind a lot of social media. there's a huge amount of evidence here. i think, as you say, this news conference was originally called to appeal for public help in trying to find him, and now it appears, katy, it will be a very different message and i think they will be delayed while they are absolutely certain that they got their man. >> pete, quickly, you are saying he was believed to be riding the subway yesterday? >> yeah, there's some indication, and we have seen video -- the metro transit authority has shown video of him walking up to a turnstile. it's quite clear, and you can see him using the metro card, and that's a swipe card used to get on the subway, you prepay and that is what opens the turnstiles that allows you to get on the subway. there's some indication that metro card was used after the shooting as well. we know from the video that he apparently slept in the van the night before the shooting, got up fairly early in the morning and then got into the subway system at the king street station, which is in brooklyn further south along -- away from the manhattan side of things, and then boarded the subway system there. then spent sometime -- and then apparently that may have been the way he got away, he then used the subway to escape after doing a shooting on the subway. at least that's the early indication. >> that gives me chills. pete williams, thank you very much. what you are looking at on the left-hand side of the screen, is the headquarters for the nypd. a press conference was scheduled for 2:00, and it's 2:07. we are probably trying to be abundantly sure they have the right person in custody and then they will come out and tell the city they have found the man and the city will be able to breathe a sigh of relief. chris jansing, you and i traded places. yesterday i was not quite comfortable getting on the subway, what if the guy is still on it? and to find out from pete, it appears he still might have been on the subway is a bit concerning. what are folks telling you there? >> reporter: that's exactly what one person i spoke to said, yeah, we don't know where this guy is. if this does turn out to be the arrest of the suspect i think there will be people breathing a sigh of relief. so many people i spoke to, and i talked more than a dozen commuters, and they said the camera here was not working, the camera that was closest to the actual shooting. let me play for you a couple folks and what they said to me just a short time ago. take a listen. >> upstairs, i was told the camera was working and that's protection for the customers and so if something happened, they will help you, but now i find out they are not working and that bothers me. >> it's scary to be on the subway right now. obviously i don't really know what the answer is, but something has to be done. i don't know if it's the police presence or if we're just focusing on the wrong sort of things. >> and the first thing you know do notice, katy, when you come here is the dramatic police presence. i have seen as many as four to six down inside the subway and around the platform. having said that, not everybody felt better about the fact that there were more police officers. they think this is a bigger issue and it's putting a lot of pressure on city officials who have made it a point, some of them today, to get on the subway, to try and calm peoples' fears, but long term there are major issues that the city knows it has to address and a lot of the commuters i talked to today say they are waiting for the city to address, because for many of them it's not an option. you and i, katy, we take the subway every day and we have the option to call a car or uber, and the people i talked to today said that's not an option, and she was so nervous she checked the bus schedule and it didn't work for her. these are issues that will linger even beyond when we hear they have the suspect in custody. >> yeah, the subway is so much more convenient and faster, and it's the artery system of the city, and everybody uses it no matter your socioeconomic ability, and it's what makes the ridership work, and the ridership is down 40% since the pandemic. they were already dealing with funding because a lot of people didn't feel comfortable because of the increased amount of crime within the subway system, and that's what the new york city mayor and governor have been trying to address, you know, ad nauseam now for the past few months trying to get people comfortable and back on the train. the mta needs the ridership to function. adrian adams, thank you for being with us. your reaction to the news that it seems that frank r. james is currently in custody according to sources who have spoken with wnbc? >> yeah, and thank you, katy, for having me on this afternoon. my first reaction -- i just got the news, not even the full-out news, but got it just a couple minutes ago, and my first reaction, of course, is relief. i feel confident that nypd has done what nypd does, to catch this person in a relatively short amount of time and can get him off the street. >> it's an incredibly short amount of time. we're go on 28 hours after this happened. as pete williams was saying, initially there was concern about how much evidence the police would have after all the subway cameras -- at least one of them was not working. there's reports that an officer's radio was not working and he had to ask riders to call 911, and finding out later there was so much evidence left behind, left behind the gun, and the backpack with canisters of gas, and the keys that led to the u haul, and all of that leading to a potential arrests here. and it was three sources that say a tip to crime stoppers left to the arrest, and that means individuals in the city calling the crime stoppers hotline. we keep hearing, madam speaker, if you see something, say something, and it seems like it worked in this case. >> that's right. we know new yorkers always have their ears on. we are very resilient. we are vigilant as well. and crime stoppers, the number works. it really does work. i am encouraged by our new yorkers getting engaged and helping to find this person, to find this deranged individual that has wreaked havoc and caused terror yesterday morning. >> what you are seeing right you on on the left-hand side of your screen was an officer with the nypd, somebody working with the nypd white balancing for the cameras, and that means the news conference will start pretty soon. i want to ask you about safety within the system. i spoke to yesterday, as chris jansing, my colleague was speaking to people today, madam speaker, there are concerns that this is not an issue of more police enforcement, but this is an issue that goes beyond that. how do you feel about infrastructure in this city? how do you feel about the fact that there are so many of these cameras on the subway system that don't work? >> yeah, it definitely leads to a pause, and it has to be evaluated from a to z. throughout the mta we know we had a slow down in ridership because of the pandemic. it's going to take a lot to get folks back on those trains. faith is being lost, again, because of the equipment, either it was not working or it was faulty and we have to get to the bottom of it. >> is it a funding issue? >> you know, katy -- i can't really answer that because it would be a question for the mta leadership. all of those things come into play when we take a look at the bigger picture that affected, you know, the nonusage of -- the working capabilities of those cameras. >> what about the rise in crime in the city? is it something that can just be addressed with more police officers? >> well, you know, when i think about the rise of crime, this is a national issue. new york is not immune to the rise in crime, particularly with what we have seen over the past two years because of the pandemic, because of what this pandemic has done to destabilize and continue to create trauma in cities and neighborhoods across this country. i said it before and i will say it again. new york is not immune to the affects of the iron pipeline. the people that are holding these guns that have been arrested as of late throughout the year or so are not people that manufacture guns in new york city. there has to be a truth telling, honest conversation, about what is going to be done to stop the influx of illegal weapons being brought into this city. when we think about our safety we have to take a look at that. that's a tremendous factor in what's going on in the city of new york. yes, we do need to take a look at public safety and more aspects around public safety, but i tell you the backbone and life blood of gun violence is the iron pipeline. >> what about this? according to our information, he bought the gun legally. it was registered to him. it was not an illegal gun. >> well, again, we take a look at federal law, what now is and what isn't, and some of the checks and balances that allow any individual to register to get a weapon, we take a look at how there has been pandering to the nra for decades. there are a lot of different factors why individuals that should not have a license to carry do indeed have a license to carry in the united states of america. >> madam speaker, thank you very much for joining us today. we appreciate your time, especially as we are getting the news that frank r. james is potentially in custody with the nypd. we are waiting for the news conference where we will get more information. and joining me in the meantime, the executive chairman of risk advisory, and retired fbi executive, katherine schwide. she is also the author of "stop the killing." commissioner, first to you, your reaction? you're on mute. commissioner, you are on mute. >> thank you for that. first, like everybody else, i am pleased of the apparent apprehension of this individual. that will put a lot of peoples' minds at rest relative to him and his actions, but there still needs to be a lot of work done to reassure new yorkers that the prioritization of public safety on the subways is going to increase rather than decrease after this arrest. it's the lifeline of the city. in the early 1990s, for 25 years it was the safest city in america. same thing needs to happen here. 3.5 million people use that system every day, and it used to be 6 million, and people are not going to come back if they don't feel safe. it feels different and doesn't feel safe at the moment. >> you are talking about it feeling different -- sorry, didn't mean to interrupt you. it does feel different. it feels different than two years ago. it's not as full. you feel nervous. how do you get people to feel comfortable again? what is the solution? >> one, police in the subway being seen and taking action when things are going on underground. a lot of the behavior of the emotional disturbed, and the fare evaders, and the subway is losing to sub evasion, and the city council, the progressive group in albany and the progressive da's don't want to prosecute minor crime. it's that minor crime that people see every day. not everybody is being shot every day. a horrific event in new york yesterday was an exception, and normally on a day there's five crimes in a system of 5.5 million riders. seeing disorder around you and not seeing the police take action. it's a huge system to try and cover. >> this person was identified -- it seems the individuals were calling crime stoppers here in the city, and he was apprehended in the east village and apparently was involved in some sort of altercation down there. there's video circulating online and we are trying to confirm if that's the arrest of frank james. commissioner, talk to me about the efforts of the nypd and how quickly they were able to identify the suspect and make an arrest, and not just that, but the efforts of individuals in this city. >> there has been a collective effort of the law enforcement charity, which in new york city, they work extraordinarily well together, and we work very hard to change that over the last several days, and also new yorkers, new yorkers in times of crisis really do come together. you saw that in all of the videos and photos of what went on in that platform after exiting that subway car, and people helping to try and save lives. the information that has been pouring into the police, it will be interesting to get the details of what transpired in the apprehension of this individual, who called it in and et cetera. i will be very interested at the press conference that now has been delayed as they try and put that together, as to what happened there. pete williams had extraordinary information, as he always does, and i will let the police flush out the rest during the presentation. the conference that you are covering was really just to remind the public the police needed help to apprehend this vehicle, and now they will talk about the apprehension of the individual. the fear is not going away on that subway anytime soon. >> i am looking at my e-mail right now, and this is partially the efforts of wnbc, and there were tweets that tipped off the police, and that led to the arrest of the suspect. katherine, i do want to ask you about coordination and cooperation. >> yeah, coordination is just key in all of this. i think as you just heard, law enforcement is always going to support each other. with regard to this, new york, there's no better place for new york for law enforcement coordination, and i say that has a person that lives outside of washington. i have been in both cities, and i think new york is always to be applauded. they have a fantastic community to communicate with each other, and they have done a great job of creating those literal communication lines, radio to radio, connected secured lines, and a lot of departments across the country don't have that because they don't have the money to connect those up. communications is always a problem, but not in new york city. >> that was a big effort post 9/11 to get all that cooperation done. i just want to underscore, how reliant on police departments on just individuals? again, if you see something say something. >> yeah, it's everything. that's everything. i know that now we are going to turn to why he did that, but i guess i don't want to leave the see something say something behind, because that's the key. all the research i have done and read about, really law enforcement is the last agency, the last organization to be able to get information, and it's my mission, right, and the reason i wrote this book, it takes our citizens to do it. if we have a million law enforcement officers, federal state, local, and tribal law enforcement officers in the country, we have 300 million plus citizens, and it's not the raw enforcement but the civilians that will have the information. they have to say, if we see something we will say something. and let me add one more thing. >> go ahead. >> i was looking at a couple different research projects about this type of tip line, and researchers saying say something, and in 80% of the cases in studies i was researching, law enforcement received a tip from only one person, so you may be the one person who is calling in. you can't rely on other people to call in. >> i want to ask you about how to stop individuals who just have their mind-set on causing problems, on injuring people and hurting people and killing people? frank r. james has a youtube channel and talked about wanting to see people die in front of him. how do you stop an individual like that who has access to a weapon like a gun? >> yeah, i think that's a great point. it's easy to see at the end how we could not have stopped him in the subway train, but we could have stopped him in the many years before. he bought a gun 11 years ago. he has been filing rants on youtube for months and months and months, and he clearly has a lot of grievances. he was not just gathering them together, this guy is telegraphing them out on to this youtube channel so when somebody sees that, there has to be a place where that can be reported. obviously law enforcement just can't arrest somebody because they are mad. it doesn't work that way. what are the steps in between. when we look back on his history, i would like to see who lived around him? did he get mental health? was he rejected from mental health care in different times? we may see some of that, particularly given the amount of time between the gun purchases and some of the rants and raves. i think he's that grievance collector on that strong trajectory towards violence, and a lot of people saw it coming including the purchases and renting of the van, and maybe somebody could have called. i don't want to blame somebody else, i want to blame him for the shooting, but a lot of people saw this happening. >> if he is in custody, and our sources indicate that he is, tell me what is going on right now with the nypd. what are they doing right now with him? >> up on the 14th floor of the commissioners office, they are putting together speaking points together and getting lined up the presentation they will shortly make to you. as they book and process this individual, it is him and they are comfortable they have him, which is great news. having gone through this many, many times, delaying you and the press as you wait patiently for a scheduled press conference that is now running late, there's a good reason they are running late because they have good news to share and they want to make sure they get it out in the appropriate way. >> right. >> and also trying to find a way to have this press conference to restore confidence. >> we just have the sound, and this is going to be a sound check, guys. let's go to pete williams. i understand there's a photo of the arrest. >> yes, i think you have it now. i sent you a better version of this. what we were told is there's a photo of frank james being arrested a short time ago in the east village of new york, acting on a crime stoppers tip. this arrest was at st. marks and first avenue near a park in new york city. there was a public call to the new york city tip line, what they call their crime stoppers line, that led authorities to this area where we're told by several law enforcement officials now that frank james was found and arrested, taken to local police precinct for processing, and now the question is what charges are going to be filed. he could face state charges, of course, of attempted murder or all kinds of other possible charges dealing with the shooting, but there may be federal charges as well, and the federal government charges may jump to the head of the line. there are a number of different options that are being looked at here. there are several statutes that make it a crime to interfere with the operation of trains, or to enter a train or train property with the intent to harm people, that's a possibility. there are firearm charges because he carried a firearm across state lines. there are also possible hate crime charges here because of the social media posts, and apparently some postings that he made -- youtube videos he made not long before the shooting in which he talked about hating various people. so that may be a factor as well. we're just looking at the video. that was john miller, the head of the d.c. -- or the new york city department of public information walking around the frame. i think they are getting close to the news conference. as we said earlier, katy, this was originally a call to appeal for public help. it appears public help was a critical factor in finding frank james who was arrested now, i guess about an hour or so ago in the east village of manhattan. >> pete, remarkable 28 hours later he was just milling about, just waiting for somebody to recognize him, it might seen. i have seen another image of him sitting on a bench from somebody else, jonathan dean is sending it around to news people. it's remarkable to me that he got back on the train as well. >> yes, i am sure we will learn more about his movements. that's one of the things they will want to know, how did he get away and how did he get on to the train? that seems clear. he spent the night in the van the night before last and got up early and got on to the subway system and rode several stops before settling on the one where he carried out the shooting. >> i will interrupt you. it's starting now, so let's go there. good afternoon. i am jon miller, deputy commissioner for intelligence and counterterrorism for the new york police department. with me, chief of detectives, james esic, and breaon peace, the united states attorney, and john devito, special agent in charge of atf. these are the partners who have been working with us from the first moment of this incident, and we have important information to transmit today. first i would like to go to the mayor live from gracie mansion. >> my fellow new yorkers. we got him. we got him. i cannot thank the men and women, the new york city police department as well as the federal agents and our state police and first responders from the 911 operators to the various state and medical professions, we got him. new yorkers, we are going to protect the people of this city and apprehend those who believe they can bring terror to everyday new yorkers. i want to thank everyday new yorkers who called in tips, who responded, who helped those passengers who were injured. 33 shots, and less than 30 hours later we aim to say we got him. thank you, commissioner, for your leadership and job well done. >> now, police commissioner of the city of new york. >> good afternoon, everyone. thank you for being here. i am truly fortunate to stand among the extraordinary federal investigators and partners to make this announcement. moments ago frank james was stopped on the street and arrested by the new york city police department. officers in response to crime stopper tips stopped james on first avenue in manhattan. he was taken into custody without incident and has been transported to an nypd facility. he will be charged with committing yesterday's appalling crime in brooklyn. i want to thank everybody that took part in the hands on investigation. literally 100s of nypd detectives worked to bring this together. the atf, nypd crime intelligence center, and the regional task force led by the united states marshall service, and we hope this arrests brings solace to the victims and the people of new york. we used every tool at our disposal that directly links james to the shooting. we were able to shrink his world quickly. there was nowhere left for him to run. i would like to turn it over to chief esic for the details of the investigation. >> good afternoon, everybody. i would like to update the public on yesterday's incident on the subway in brooklyn on the manhattan bound n train. through the course of this investigation, we developed additional information and evidence, mr. frank james, our person of interest now became a wanted individual for yesterday's horrific incident. mr. james is a male, 62 years old. he is known to us and has ties in wisconsin, ohio, pennsylvania, new jersey and new york city. his arrest history in new york is nine prior arrests, dating from 1992 to 1998. those include possession of burglary tools four times, criminal sex act, theft of service two times, and he was arrested on a new jersey warrant. he also has a criminal tampering. he has three arrests to new york city. in 1991, 1992, and 2007. they are for tras that is trespass, and he has the same black car -- >> that will be electronically. >> this station is three blocks from where we recovered the u haul truck that he rented in philadelphia. the key to that truck was recovered at the crime scene. this jacket, the distinctive orange jacket was also recovered as well as his construction helmet he was wearing. we recovered that in a garbage bin in transit. we believe, and this is still early in the investigation, that after firing his weapon 33 times at innocent new york city subway riders, mr. james boarded the r train that pulled into the station and went one stop up and exited at the 25th street station. we have a picture of that. the gun used in this, a 9 millimeter glock was recovered at the crime scene and was purchased by mr. james in 2011 in ohio. we tracked mr. james, and his last known whereabouts was 7th avenue, entering the subway. minutes ago, thankfully, nypd patrol officers from the ninth precinct responded to st. marks and first avenue where they apprehended him without incident. this case was quickly solved using technology, video canvassing and getting that information out to the public, so i can't speak highly enough of the partners we had, the fbi, mike driscoll, and atf, john devito, the u.s. district attorney from easton, and the coordination within the detective bureau, tommy golatti, a now nominal job, less than 30 hours later to arrest this individual. with that, i would like to turn it over to brie peace. >> good afternoon and thank you. yesterday was a dark day for all of us, but the bright spots of the incredible heroism of fellow new yorkers helping each other in a time of crisis, and the hard work by all of the law enforcement partners that has been ongoing is truly a bright spot here. today, frank james has been charged by complaint in brooklyn federal court with one count of violating 18 usc sections 1992 a7 and b1, which prohibits violent acts on mass trance tore transportation systems. he will face a sentence of up to life in prisonment if convicted. in sunset block brooklyn, frank james did knowingly and without lawful authority and permission did commit an act including the use of a dangerous weapon to cause death and serious injury to passengers and employees on the new york subway system. the government will prove among other things that james travelled across state lines in order to commit the offense, and transported materials across the state line in aid of the commission of the offense. we, in the eastern district of new york u.s. attorney's office are working closely with all of our law enforcement partners, the fbi and nypd, atf, u.s. marshall service and others, including the king county district attorney's office, and we will use every tool at our disposal to bring this individual justice, and bring justice to new yorkers, and restore safety to all. we will continue to do so as this case proceeds. thank you. >> mike? >> good afternoon. thank you all for being here today. as mr. peace just discussed, mr. james is now facing a federal charge for his actions, a terrorists attack on mass transit. i want to be very clear this is still an ongoing information. if you have additional information regarding mr. james' activity or digital information, please reach out to us. contact the fbi, 1-800-call-fbi. we need to hear from you so we can fully understand all the events that occurred over the last 30 hours. it's crucial that we receive the assistance of the public as we piece this case together. there has been some reports that fbi holdings to date had a tie to mr. james. i want to be very clear that to date we have found no record of an investigation of frank r. james by an fbi office before the shooting yesterday. reports that new mexico's field office previously investigated him are inaccurate. i want to thank our partners in this case, the nypd, the atf and u.s. marshals and the joint terrorism task. we have had such a great response from all of our partners in this case that led us to this moment now. i want to take a quick moment to highlight the work of the atjf. it's a group of outstanding people, and they have done an outstanding job on this as they have every time new york has faced a threat of this nature. thank you. >> good afternoon, everyone. i am the special agent in charge here in new york city. one of the key points that disskull pointed out is that we could not have done this without the public's help. first let me say our thoughts, prayers and actions for the past two days have been with the victims as well as all new yorkers. the men and women of atf have been working side by side with nypd and the u.s. marshals and the fbi to solve this, and we have. it is comprised of highly skilled partners whose sole purpose is to disseminate information such as gun violence. imagine a team of professionals exploiting every nugget of entail and then turning it around on those that committed that crime. yesterday evening, about 12 hours after this attack, fta agency were able to close the loop and determine that frank james purchased that firearm from ohio in 2011. so essentially we tied that gun utilized in the shooting to our target and now we have our target in custody. thank you. >> okay. we're going to be -- we told you almost everything we have to say, and we are able to answer very limited questions. >> tips from the crime stoppers -- [ inaudible ]? >> there was a person who called crime stoppers, and we are reviewing who made that call. >> in one of the videos, is there a date of significance? is it clear yet what the motivation was? >> i think first and foremost we were looking to get this guy off the street before he did anymore carnage to the city. as to the investigation and to the motive and to look and scour his social media, that is still part of the ongoing investigation. but, again, first and foremost, we wanted to take him off the street. the investigation is continuing into the motive and into his social media postings. >> you said mr. james walked into the subway station. what time was that and -- >> that was 9:15 yesterday. the incident occurs at 8:24. he leaves -- he exits the 25th street station house shortly after 8:24, the r train pulls in and we catch him next go into a park slope at park street at 9:50, and we then grab him today. we had literally hundreds of detectives out scouring video throughout the crime scene and beyond. >> and 9:00 a.m. -- >> excuse me? >> 9:00 a.m.? >> yes, that was him. >> did he say anything when he was arrested? >> his arrest was literally minutes ago, so we haven't even -- he's just arrived at the precinct shortly. as to his whereabouts, that's part of the investigation. detectives are going outgoing through video canvasses and we are going to backtrack that and that will take literally weeks. >> two-part question. the first is the nypd previous to yesterday's attack, had they had any of the complaints about the cameras being out and is there any indication that mr. james was going to do any more attacks in new york city? >> we will get back to you on the cameras. >> as far as doing anymore attacks, again, that's part of the investigation. our main focus was to take him off the street immediately. >> do you know how he purchased the gun if he had a criminal record? >> you can't have a felony conviction to purchase the gun, so he had no felony convictions. >> has the mayor's security detail been returned to its typical size and scope? >> we will not answer that. >> can you take us from the crime stopper tip to that when he was arrested? >> the crime stopper tip today? >> yes. >> good afternoon. crime stopper tip comes in, and reports the male is on mcdonald's on 6th street in the east village. officers respond to the mcdonald's. he's not in the mcdonald's. they drive around the neighborhood looking for him and see him on the corner of st. marks and first. they take him into custody and no incident in taking him into custody. >> did you do an audit of the subway stations to get an idea of the camera system -- >> the camera and subway system is not our cameras, and we have access to them and we do see and look at which cameras are working and are not, and the responsibility belongs to the mta. >> in interviews that took place yesterdayha with any of the surviving victims as well as people on the train, have you been able to glean anything about what he said or did on the train that yields a little bit more about his motivation, about what he intended to do? >> we have witnesses on the train who said he was sitting in the back corner of the second car and he popped the smoke grenade. we have one witness who says, what did you do, he goes oops and he cops the two, brandishes the firearm and fires 33 times. we are in the process and we are asking for anybody's help who was on that subway train or on that platform to reach out to the crime stoppers at 1-800-877-tips with any information. we're still looking for witnesses and anybody who has information who was on the fo scene. >> okay. new york times. >>ne can you tell us anythi more -- we heard initially that it jammed. i heard that that's one of the selling points of them. >> our crime scene is still processing that scene. it goes to the lab and they'll give us a report. it's still very early in the investigation for that. >> all right. tony. >> it requires to connection to any foreign terrorism. this is a discreet charge? >> that's right. the statute is titled terrorism and other attacks on mass transportation. there's an effort to protect mass transportation hubs and infrastructure and so that's the jurisdiction. we're not going t to comment further. we're still investigating the motive and things like that. >> last question to juliet. >> yes. can you talk about his contact with social services, if he had any here in new york? >> that's going to be part of the investigation as well so we're notn able to speak to th at this moment. >> so afterto his arrest in the '90s, did he disappear? >> that's part of our investigation aspa well. >> can i ask one more question. >> the last, last question. >> i'mt wondering if there's - do we have any motive in terms of sunset park, why sunset park or was it random? >> no idea. just to close, we also want to acknowledge our partners, sometimes jousting partners in the media for putting all these pictures out, from spreading the story from the time we did the press conference yesterday. that is something about raising the public awareness that was able to give him very few choices in terms of where to go. so we appreciate your efforts as well. thank you very much. >> so there you have it. in the works of eric adams, the mayor of new york city who appeared virtually because he is isolated from covid, we got him. we got him. he said that twice. frank r. james in custody right now. he has been charged federally with one count of violating 18 usc sections 1992 b 1 which is against terrorists and other violent attacks against mass transportation systems. james also has a long arrest record across multiple cities and multiple states including here in new york between the dates ofn 1992 and 1998. nine prior arrests for things like burglary, criminal sex acts, c tampering, trespassing, larceny, disorderly conduct. katherine, i want to get you on one thing. we're talking about guns and there was a questionab there, h could he have purchased a gun with ae criminal history as lo as his. and he made the point that there was no felony conviction here. >> yeah, that's the rule, right? that's the rule. if there's no felony conviction, then you can go ahead and arrest somebody based on that. so you go ahead and buy a gun based on that. the rule is right now it doesn't matter if you have other things in your background. it doesn't even matter if there's an cumulative number o them. the rules are that you can purchase a gunar legally. we'll see what happens in the future, but this is just the beginning. therehe will be other charges filed against him in superseding indictments as the law enforcement andas prosecutors p their cases together. but the gun problem is there and we can'tre ignore it. >> so this is new video that we have from the police department right wthere. that shows him swiping his card to get onto the subway. we are told from the nypd that he got on at the kings highway subway station which is a few miles down the line from where he opened firee on all those riders. after it, after he opened fire, as everybody was running away, it appears he got on another r train, another train on that track. i would think that some of the otherk victims or people runni away got on as well to flee him and got off at the next stop, one stop down at 25th street. also they have video of him in this distinctive orange jakz which looks like a construction jacket and construction helmet getting on in a station at park slope brooklyn, at 7th and 9th. they apprehended him today at 1:52, just one hour ago in the east village in manhattan without incident. commissioner bratton, what do you think? >> a couple of things. just clarification for your viewers, trying to get through theer turnstile. he wouldn't get through the turnstile with his bag so he is going to the slam gate. so viewers might have been confused about m what's taking m so long going through there. as for the arrest, wonderful. wonderful news. whoever thatl person was that called in that it might be him. and then to those officers responding. andrs apparently even though th person identified was not in the mcdonald's, took the time to drive around and see if he might actually be in the area. good work all around. so compliments to law enforcement, compliments to the public and compliments to the press, becausets without the prs basically putting out these images, that individual who called crime stoppers probably would not have known who was being looked for and would not have made that call. this is a collaborative effort and everybody, again, pat each other on the inback. >> what do you make of him using another subway train to flee the scene? >> isn't that phenomenal. for your viewers in new york, oftentimes twoyo lines basicall share the same platform. so the train that he was on at the same time that he was along with train all those other victims, there was another train on the opposite side of the platform evidently,tf based on my understanding of it, he along with a number of his victims fled onto that train. so it is the ultimate irony that he rode with some of those people that he was attempting to kill just a few moments before. >> really. >> you can't make this stuff up. >> it's remarkable. not in a good way. shot 33 bullets into that train, hit ten people. none ofhi them with life-threatening wounds. also truly remarkable, considering the closed space and how many peoplepa were in that train and how many shots he fired. katherine, thank you for joining us. bill bratton, i'm sorry to cut you off but i'm running up against the end of this show and i've got to pass it off to my colleague, hallie jackson, who will take over with this breaking news coverage in just a moment. coverage in just a moment crohn's e or ulcerative colitis symptoms are stopping you in your tracks choose stelara® from the start and move toward relief after the first dose with injections every two months. stelara® may increase your risk of infections, some serious, and cancer. before treatment, get tested for tb. tell your doctor if you have an infection, flu-like symptoms, sores, new skin growths, have had 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arrested just about an hour ago by the nypd. you saw that explanation happen live right here on msnbc reports. a tip tth