Frank James Wiki – Frank James Biography
Federal prosecutors say the New York City subway shooter plans Frank James to plead guilty Tuesday to all 11 charges brought against him in his most recent indictment.
Any one of the first 10 terrorism charges could jail Frank James for life for injuring an equal number of victims riding the subway in Brooklyn, New York, but prosecutors have contemplated a scenario that could allow his eventual release from prison.
They noted, however, that they would recommend a sentence that would effectively imprison the 63-year-old for the rest of his life.
“All the necessary strength”
In a 10-page letter filed Friday but released Monday, prosecutors explained what the guilty plea would mean for the calculation of James’ sentencing guidelines.
Frank James Accused New York City subway shooter plans
If James “clearly demonstrates acceptance of responsibility” during his hearing Tuesday, the government estimates sentencing guidelines call for a sentence of between 382 and 447 months in prison, approximately 31 to 37 years behind bars, according to the letter.
That sentencing exposure increases considerably if James doesn’t come clean.
“If the defendant does not clearly demonstrate that they accept responsibility, the government currently estimates that the guidelines will recommend the imposition of a sentence within the total range of 480 months to life imprisonment, assuming the defendant falls within Category I Criminal Records. Penalties”. says the letter.
Although James first signaled his intention to plead guilty in early December, his pre-trial change is hardly guaranteed. In October, James refused to appear in court, prompting US District Judge William Kuntz to order US Marshals to forcibly remove him to federal court.
Mindful of that precedent, Judge Kuntz issued a similar order Wednesday for the US Marshals to “use all force necessary” to present James for his arraignment on Tuesday, January 3 at 2 p.m. Eastern Time.
The eleventh count against James charges him with discharging a firearm in a crime of violence.
“Putting the lives of dozens of people in danger”
In the early morning hours of April 12, 2022, Jame allegedly opened fire on an N train car in the Sunset Park neighborhood of Brooklyn during rush hour. Authorities say he also detonated two smoke grenades on the second subway car bound for Manhattan. No one was killed during the attack, and prosecutors say they have found a large amount of evidence connecting it to the crime.
The FBI said the Glock 17 pistol used in the crime was purchased legally in Ohio under the name “Frank Robert James.”
“The markings on the firearm’s serial number appear to reflect that an attempt was made to deface the serial number,” the FBI wrote in an affidavit, which contains a photograph of the weapon.
Authorities discovered that weapon in a bag that they say also contained a plastic container containing gasoline, a flashlight, a U-Haul key and several bank cards.
A second bag recovered by authorities contained explosive-filled fireworks spewing black powder, according to the affidavit.
Created to promote fairness and uniformity in prison sentences for similar crimes, the federal sentencing guidelines contain estimates of how harshly defendants are punished for similar conduct based on various categories. Acceptance of responsibility is a factor, along with criminal history, level of crime, and other categories.
Those calculations, however, are not binding on prosecutors, the probation department or the sentencing judge, and the government has already announced its intention to seek a sentence above the guidelines for James.
“Furthermore, as the government has reported to the defense, based on the facts and circumstances known to the government at this time, including that the defendant planned his attack for years and fired more than thirty rounds into a crowded subway car endangering the lives of dozens of people, the government intends to seek a sentence above the Guidelines at the time of the defendant’s sentencing,” their letter reads. Read More…..