Frank James

Photos of Frank James included in an FBI affidavit charging him with the Brooklyn subway shooting.

Accused New York City subway shooter Frank Robert James has been charged under a federal anti-terrorism statute in Brooklyn, where the FBI filed an affidavit claiming to have recovered a gun and fireworks purchased in his name from the crime scene.

“Yesterday was a dark day for all of us,” the Eastern District of New York’s U.S. Attorney Breon Peace wrote in a statement. “But the bright spots of the incredible heroism of our fellow New Yorkers helping each other in a time of crisis, the quick response by our first responders, and the hard work by all of our law enforcement partners that has been ongoing truly shines bright.”

Charged with violating 18 U.S.C. 1992(a)(7)—a statute designed to combat terrorist attacks and other violence on U.S. mass transit systems—James was easily traceable by what authorities say they recovered when responding to reports of gunfire and smoke-emitting devices on an N train at 8:26 a.m. on Tuesday.

“Searches of the scene of the attack revealed two bags, both of which were recovered from the scene,” FBI agent Jorge Alvarez wrote in a 10-page affidavit. “The first bag contained, among other items, a firearm, a plastic container containing gasoline, a torch, a U-Haul key, and multiple bank cards. The firearm was a Glock 17 pistol manufactured in Austria.”

The FBI says that records provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives showed that the firearm was “lawfully purchased in Ohio” by an individual named “Frank Robert James.”

Frank James

Frank James’s Glock, per FBI

“Marks on the serial number on the firearm appear to reflect that an attempt was made to deface the serial number,” the affidavit continues.

Authorities say that they also recovered a second bag, containing fireworks filled with black-powder spewing explosives.

“One of the bank cards located in the first bag with the firearm was a debit card issued by a United States financial institution (‘Bank-1’) in the name of ‘Frank James,’” the affidavit states.

The FBI traced the U-Haul from the scene to one rented by “Frank James” on Monday, Philadelphia, Pennsylvania, a white Chevrolet Express Model G2500 Cargo Van with Arizona license plates. New York City Police Department surveillance footage allegedly spotted that vehicle driving over the Verrazano Narrows Bridge at approximately 4:11 a.m. on Tuesday.

Frank James's U-Haul

Frank James’s U-Haul spotted by NYPD surveillance footage, per FBI

“The government will prove, among other things, that James traveled across a state line in order to commit the offense and transported materials across a state line in aid of the commission of the offense,” Peace said.

If convicted, the 62-year-old James faces the possibility of life imprisonment.

This is a developing story.

Read the complaint and affidavit, below:

(Photos via FBI)

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