A federal judge ordered Frank R. James to be detained until trial, after prosecutors said he carried out an “entirely premeditated” shooting that left at least 30 injured.
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Troy Closson and
Frank R. James was held without bail on Thursday after prosecutors said he posed a continued threat in the wake of a violent and premeditated attack on New York’s subway. His lawyers, who said their client had called a tip line to surrender, asked a federal judge to ensure Mr. James received psychiatric care in jail.
Mr. James’s brief initial court appearance marked a new stage in a case that shocked a city already on edge about subway crime. At once, the attack turned a morning train ride into a scene of chaos, injuring at least 30 people, according to prosecutors. It was the bloodiest crime in New York’s public transit system in nearly four decades, and came as many residents were wading cautiously back into the routines of prepandemic life.
To some, the shooting underscored challenges facing Mayor Eric Adams, who has said that high-profile crimes have elevated public anxiety over safety to some of their highest levels in recent years — and that addressing those fears is essential to the city’s recovery. On Thursday, prosecutors said that the attack inflicted significant damage and disruption and that it could have ended in a massacre.
They described each methodical step they say Mr. James, 62, took: from setting off a smoke bomb on a crowded subway car to unleashing a barrage of bullets and stripping off a disguise as he made his escape.
“The defendant terrifyingly opened fire on passengers on a crowded subway train, interrupting their morning commute in a way this city hasn’t seen in more than 20 years,” Sara K. Winik, an assistant U.S. attorney, said in court. “The defendant’s attack was premeditated; it was carefully planned; and it caused terror among the victims and our entire city.”
Mr. James, who is charged with carrying out a terrorist attack on a mass transit system and faces up to life in prison if convicted, said little on Thursday, often responding to the federal judge’s questions with a hushed “Yes.” Because it was only his initial appearance, and he has not been indicted, Mr. James has not yet entered a plea.
Outside the courthouse on Thursday, Mia Eisner-Grynberg, one of his court-appointed lawyers, said that her client deserved a fair trial, warning that “initial reports” from the police and news outlets “can be inaccurate.”
“We are all still learning about what happened on that train, and we caution against a rush to judgment,” she said. “What we do know is this: Yesterday, Mr. James saw his photograph on the news. He called Crime Stoppers to help. He told them where he was.”
The court appearance came as local and state officials have been attempting to reassure riders that transit systems remain safe, emphasizing that city life remains far less dangerous than it was decades ago and encouraging New Yorkers to continue taking the trains.
Subway ridership, still below 60 percent of its prepandemic averages most of last month, fell in the attack’s immediate aftermath. But Wednesday’s preliminary data offered a hopeful sign: The numbers were up by about 75,000 customers over Tuesday — for about around 3.1 million total. They still remained under last week’s figures by about 159,000, a possible indication of lingering concerns.
Still, it can be challenging to identify a single cause of fluctuating ridership, and the lower figures came on a day with pleasant weather, when fewer people want to travel underground.
“We’re starting to see ridership come back,” Janno Lieber, the chairman of the Metropolitan Transportation Authority, said at a news conference on Thursday. “Even after the incredibly disturbing news that we all saw this week.”
While the broad details of Tuesday morning’s attack have been well-established, prosecutors have not described a potential motive for the violence. It remained unclear why a train line that cuts through immigrant-heavy neighborhoods in Brooklyn, like Sunset Park, a home to many people from Asian and Latin American countries, became the target of a brutal shooting.
But federal prosecutors wrote in their court filing Thursday that while Mr. James’s lengthy arrest record — nearly a dozen low-level offenses, including reckless endangerment, larceny and trespassing — might seem “unremarkable,” it paints “a picture of a person with a penchant for defying authority and who is unable or unwilling to conform his conduct to law.”
In their filing, prosecutors said Mr. James entered the subway system Tuesday morning in disguise, wearing a yellow hard hat and an orange workman’s jacket with reflective tape.
On the train, as it neared the 36th Street station in Sunset Park, he fired “approximately 33 rounds in cold blood at terrified passengers who had nowhere to run and nowhere to hide,” federal prosecutors wrote.
Details about Mr. James’s life were still being pieced together: He had worked at Amazon for six months before his role ended about a year ago, according to a company spokeswoman, who declined to detail how or why.
Law enforcement agencies are scrutinizing hours of clues to his state of mind that he offered in disturbing videos posted for months on a YouTube channel and other social media accounts.
The videos depicted a troubled recluse, often frustrated by issues of race, current events and global affairs, matters on which he often delivered extended tirades. They also revealed a man who could sometimes become fascinated by violent ideas, once offering viewers instructions for making a Molotov cocktail, according to federal prosecutors.
He mused at least once about mayhem in New York’s subway system. Other times, he questioned whether Mr. Adams could prevent lawbreaking there. “He can’t stop no crime in no subways,” Mr. James said. “He may slow it down, but he ain’t stopping it.”
Federal prosecutors asked Thursday that Mr. James be detained until his trial, arguing that his “mere presence outside federal custody presents a serious risk of danger to the community.”
After the shooting, the police discovered ammunition and other weapons in a storage unit and apartment rented by Mr. James, prosecutors noted. The authorities also recovered an array of belongings from the train, including a Glock 9-millimeter handgun, three ammunition magazines and a credit card with Mr. James’s name on it.
Among the collection was a key to a U-Haul van that he had rented, which investigators later found about five miles from the station with a propane tank inside, prosecutors said.
Mr. James was eventually captured by the authorities on Wednesday afternoon, near a McDonald’s in the East Village, about 29 hours into an expansive manhunt that featured several federal and state agencies and hundreds of officers.
On Thursday, Mr. James’s lawyers said they did not object to his detention, but asked the magistrate judge to ensure that he received a psychiatric evaluation and other medical care at Brooklyn’s Metropolitan Detention Center, where he is being held, about seven blocks from the train station in Sunset Park where the attack took place.
Michael Gold, Sean Piccoli and Ashley Southall contributed reporting.
Donnie Fresh: Behind The Scenes
Donald Mutin Jr. is better known by his stage name “Donnie Fresh”, is a songwriter, rapper and producer from New Orleans, Louisiana. He emerged from the underground with his truth and heartfelt music that only he could tell. Inspired by Cash Money Millionaires , Master P , Anthony Hamilton , John Mayer , and B.B. King,
Donnie also found love for other genres like classic rock. Such as Led Zeppelin, Guns N’ Roses and many more. In August of 2005, Hurricane Katrina made a devastating landfall which brought Donnie to Houston, TX.
Once coming to Houston, He picked up several instruments, such as the guitar, piano and several others and taught himself how to play. This helped mold Donnie into his sound that we hear today. Growing up, Donnie would record mixtapes and sell them at his school for 10 dollars to help his mother with bills. In 2017 “Never Going Back” would be the record to spark a buzz around his name. With his relaxed style, vivid lyrics, and smooth R&B hooks, Donnie would continue to show why he is next.
In 2019 his hit single, “Waiting For” continued to expand his name and grow across countries like the Dominican Republic, Puerto Rico, and Jamaica etc. This helped boost the brand and fanbase to a larger market.
In 2020 Donnie gave us his first body of work, with his EP “What Happened Last Thursday” with his heavily anticipated single “Truth Is”, this record was written the day his grandmother passed and takes you through all the emotions that Donnie and his family had to endure. This EP also includes “Farewell Letter” which talks about the real relationship struggles he had to overcome.
On March 26, 2021, Donnie released a 10-song album “The Tales of Motel 6”. This tape includes his single “Numb” and “Slabs in Screwston featuring Lil Flip & Elevator Jay. With his continued dedication to talk about mental health and dealing with depression, Donnie hit over 1.4 Million Streams on Tales of Motel 6.
How Christian Smalls and Derrick Palmer Beat Amazon
The company’s crackdown on a worker protest in New York backfired and led to a historic labor victory.
Derrick Palmer, in pink, and Christian Smalls, right, celebrated after workers voted to unionize an Amazon warehouse in Staten Island. The two friends spearheaded the push for the union.Credit…DeSean McClinton-Holland for The New York Times
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Jodi Kantor and
In the first dark days of the pandemic, as an Amazon worker named Christian Smalls planned a small, panicked walkout over safety conditions at the retailer’s only fulfillment center in New York City, the company quietly mobilized.
Amazon formed a reaction team involving 10 departments, including its Global Intelligence Program, a security group staffed by many military veterans. The company named an “incident commander” and relied on a “Protest Response Playbook” and “Labor Activity Playbook” to ward off “business disruptions,” according to newly released court documents.
In the end, there were more executives — including 11 vice presidents — who were alerted about the protest than workers who attended it. Amazon’s chief counsel, describing Mr. Smalls as “not smart, or articulate,” in an email mistakenly sent to more than 1,000 people, recommended making him “the face” of efforts to organize workers. The company fired Mr. Smalls, saying he had violated quarantine rules by attending the walkout.
In dismissing and smearing him, the company relied on the hardball tactics that had driven its dominance of the market. But on Friday, he won the first successful unionization effort at any Amazon warehouse in the United States, one of the most significant labor victories in a generation. The company’s response to his tiny initial protest may haunt it for years to come.
Mr. Smalls and his best friend from the warehouse, Derrick Palmer, had set their sights on unionizing after he was forced out. Along with a growing band of colleagues — and no affiliation with a national labor organization — the two men spent the past 11 months going up against Amazon, whose 1.1 million workers in the United States make it the country’s second-largest private employer.
At the bus stop outside the warehouse, a site on Staten Island known as JFK8, they built bonfires to warm colleagues waiting before dawn to go home. They made TikTok videos to reach workers across the city. Mr. Palmer brought homemade baked ziti to the site; others toted empanadas and West African rice dishes to appeal to immigrant workers. They set up signs saying “Free Weed and Food.”
The union spent $120,000 overall, raised through GoFundMe, according to Mr. Smalls. “We started this with nothing, with two tables, two chairs and a tent,” he recalled. Amazon spent more than $4.3 million just on anti-union consultants nationwide last year, according to federal filings.
The unionization vote reflects an era of rising worker power. In recent months, a string of Starbucks stores have voted to organize as well. But JFK8, with 8,000 workers, is one of Amazon’s signature warehouses, its most important pipeline to its most important market.
Amazon has fought unionization for years, considering it a dire threat to its business model. Its ability to speed packages to consumers is built on a vast chain of manual labor that is monitored down to the second. No one knows what will happen if the newly organized workers try to change that model or disrupt operations — or if their union is replicated among the more than 1,000 Amazon fulfillment centers and other facilities across the country.
For all their David-versus-Goliath disadvantages, the Staten Island organizers had the cultural moment on their side. They were buoyed by a tightened labor market, a reckoning over what employers owe their workers and a National Labor Relations Board emboldened under President Biden, which made a key decision in their favor. The homegrown, low-budget push by their independent Amazon Labor Union outperformed traditional labor organizers who failed at unionizing Amazon from the outside, most recently in Bessemer, Ala.
“I think it’s going to shake up the labor movement and flip the orthodoxy on its head,” said Justine Medina, a box packer and union organizer at JFK8 who had waited with an exuberant crowd in Brooklyn to hear the vote results.
The future of American unionizing efforts “can’t be about people coming in from the outside with an organizing plan that people have to follow,” said Sara Nelson, head of the flight attendants’ union, in an interview. “It has to come from within the workplace.”
Now, both the nascent JFK8 union and Amazon face pressing questions. The union, with no traditional infrastructure, experience or leadership, is likely to face a legal battle over the vote and challenging contract negotiations. The company, which did not respond to a request for comment for this article, will have to decide whether to reconsider some of its tactics and address the underlying labor dissatisfaction that handed it such a sweeping defeat.
“Amazon wanted to make me the face of the whole unionizing efforts against them,” Mr. Smalls wrote in a tweet on Friday, appearing undaunted by the task ahead. “Welp there you go!”
When Amazon opened the sprawling JFK8 site in 2018, the company was both drawn to and wary of New York, America’s most important consumer market. The established Retail, Wholesale and Department Store Union announced a bold goal: to turn JFK8 into the first organized Amazon warehouse in the country.
Soon Amazon withdrew from its highly touted plan to open a second headquarters in the city, as a backlash grew over public subsidies it would receive and its history of opposing unions. But the talk of organizing JFK8 went nowhere. In labor circles, many believed that Amazon’s turnover was too high, and its tactics too combative, for a union to succeed.
When the first coronavirus cases were confirmed at JFK8 in March 2020, Mr. Palmer and Mr. Smalls confronted managers with safety concerns. Employees were increasingly worried about rising infection rates and felt that Amazon was not notifying them about cases in a timely manner, managers documented in newly released court records.
But Amazon refused to pause operations, saying it had taken “extreme measures” to keep workers safe. The pandemic had turned JFK8 into a lifeline for the city, where 24/7 shifts and a fleet of trucks delivered supplies as it went into lockdown.
As Amazon moved to fire Mr. Smalls that March, two human resource employees at JFK8 doubted the wisdom of his dismissal. “Come on,” one messaged. Mr. Smalls was outside, peaceful and social-distancing, she wrote. His firing, she predicted, would be “perceived as retaliation.” But the termination proceeded.
After the firing, the chief counsel’s smear against Mr. Smalls — a full apology came only later — and the dismissal of another protester, the two friends resolved to take action. Mr. Smalls was outspoken, Mr. Palmer deliberate. They were both Black men from New Jersey and the same age (31 then, 33 now). Both had dropped out of community college, prided themselves on high scores on Amazon’s performance metrics and once hoped to rise within the company.
Now they made new plans. Mr. Palmer would keep working at JFK8, the better to change it from inside.
In early 2021, they took a road trip to another Amazon warehouse. When workers held a union drive in Bessemer, Ala., Mr. Palmer and Mr. Smalls wanted to witness it. But they found organizers from the retail union — the one that had previously declared an interest in JFK8 — less than welcoming to them and thought the professionals seemed like outsiders who had descended on the community.
By April, workers in Bessemer had rejected the union by more than a 2-to-1 margin. Mr. Palmer and Mr. Smalls declared their intention to organize JFK8, but few took them seriously. Why should they win when better-funded, more experienced operatives had been beaten?
As they set about their first task — gathering thousands of worker signatures to trigger a unionization vote — cracks in Amazon’s employment model were evident.
JFK8 had offered jobs to workers laid off by other industries during the pandemic. But a New York Times investigation last June revealed that the warehouse was burning through employees, firing others because of communication and technology errors and mistakenly depriving workers of benefits.
Black associates at JFK8 were almost 50 percent more likely to be fired than their white peers, according to an internal document. Even before the pandemic upended work, Amazon warehouses had an astonishing annual turnover rate of 150 percent.
As Mr. Palmer and Mr. Smalls approached workers at the bus stop, Amazon’s tone toward its employees kept shifting. Jeff Bezos, the company’s founder, was handing over the role of chief executive to Andy Jassy, and the company raised wages and added the goal of being “Earth’s best employer” to its guiding principles. It pledged to listen to complaints and improve working conditions.
At other times, it was contentious. In a widely publicized Twitter exchange about the Bessemer organizing, Amazon sounded so dismissive about workers who could not take bathroom breaks and had to urinate in bottles that it had to apologize.
In May at JFK8, an anti-union consultant called the mostly Black labor organizers “thugs,” according to a complaint filed against Amazon by the N.L.R.B. The retailer denied the episode.
And in November, the labor agency said Amazon had showed “flagrant disregard” for the law and threw out the results of the Bessemer warehouse vote, ordering another.
That fall, after months of gathering support, the New York union organizers delivered more than 2,000 signatures to the labor board, but they were rejected for not meeting the minimum required to hold an election. Mr. Smalls said Amazon had submitted payroll data to the board indicating that the company believed half the people who had signed cards no longer worked at the warehouse.
“After all those months of hard work, it seemed like the momentum was gone,” Mr. Palmer recalled in an interview. Between working his shifts and organizing at JFK8 on his time off, he had spent barely a day away from the warehouse for months. Some of the employees he approached were skeptical of unions or dues, or just grateful for Amazon’s health care and pay, which starts above $18 an hour at JFK8. Others seemed too exhausted and wary to even engage.
To press onward, the union leaders posted the TikTok videos, made outdoor s’mores and sang along to hip-hop and Marvin Gaye. When workers faced family crises, the budding union prayed. One fired employee became homeless, and the group set up a fund-raising campaign.
Their near-constant presence at the warehouse helped. “The more comfortable they get with us, that’s when they start opening up to us,” Mr. Palmer said of other workers.
Some union sympathizers took jobs at JFK8 specifically to help the organizing effort, according to Ms. Medina, who was among them.
Amazon countered with the full force of its anti-union apparatus. It monitored organizers’ social media, court filings show, pelted workers with text messages and blanketed the warehouse with signs saying “Vote NO” or claiming the union leaders were outsiders. The company often held more than 20 mandatory meetings with workers a day, The Times reported last month, in which managers and consultants cast doubt on the effort.
“The Amazon Labor Union has never negotiated a contract,” one presentation said. Dues would be expensive, it continued, and the union “has no experience managing this massive amount of money.”
Andro Perez, 35, works at a smaller Amazon warehouse near JFK8, where another union vote is scheduled this month. He’s leaning toward voting yes, he said, because Amazon’s mandatory meetings mostly criticized unions. He would rather his employer address the question: “What could you do better?”
The organizers at JFK8 fought back, filing dozens of complaints with the N.L.R.B. claiming that Amazon violated workers’ rights to organize. Amazon has denied their allegations, but the labor board found many to be credible and pursued them in administrative court.
By Christmas, the organizers scored a major legal win. Amazon agreed to a nationwide settlement, among the largest in the agency’s history, that said workers could stay in the buildings to organize when they were off the clock.
With that, the organizers moved their potlucks indoors, giving them more access and legitimacy. Mr. Smalls’s aunt provided home-cooked soul food: macaroni and cheese, candied yams, collard greens and baked chicken.
“What you do is you create a community that Amazon never really had for workers,” said Seth Goldstein, a lawyer who represented the organizers free of charge.
One day this February, Mr. Smalls was bringing lunch to the break room when Amazon called the police, saying he had trespassed. He and two current employees were arrested. The response may have backfired: The union’s videos of the episode on TikTok have been viewed hundreds of thousands of times.
Kathleen Lejuez, 41, employed by Amazon for nine years, said she was not a “union fan” but voted for the organizing effort to send a message to a company that she felt had lost its connection to workers. “The humanity at Amazon is gone,” she said in an interview.
In the weeks before the count, Amazon, which has consistently said its workers are best served by a direct relationship with the company, laid the groundwork for potential challenges to the election — arguing in legal filings that the labor board had abandoned “the neutrality of their office” in favor of the union.
On Friday morning inside the agency’s offices in Brooklyn, Mr. Smalls, in siren-red streetwear, sat next to Amazon’s lawyer to review each ballot. His knee jittered as each vote was presented.
The votes were tallied — 2,654 for the union, 2,131 against. With a comfortable margin secured, Mr. Palmer, Mr. Smalls and other representatives emerged into the spring light, screamed with joy and clasped one another in a tight circle.
A few miles away, at JFK8, workers were stealthily monitoring the results in between packing and stowing boxes. There was no formal announcement. Instead, a shout rose up from somewhere on the floor: “We did it! We won!”
N.Y. Attorney General Seeks to Hold Trump in Contempt
The attorney general, Letitia James, has been conducting a civil investigation into former President Donald J. Trump’s family business.
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Jonah E. Bromwich and
The New York State attorney general, Letitia James, filed a motion on Thursday asking a judge to hold Donald J. Trump in contempt for failing to turn over documents in her civil investigation into his business activities.
The request by lawyers in Ms. James’s office, which was filed in New York State Supreme Court in Manhattan, said that the former president had declined to turn over documents that the attorney general had sought in eight requests. The filing also asked the judge to fine Mr. Trump $10,000 a day until he turns over the materials.
The filing cited a response from Mr. Trump’s legal team arguing that the attorney general’s requests were “grossly overbroad, unintelligible, unduly burdensome” and did not “adequately” describe the requested materials.
In a statement Thursday evening, Mr. Trump criticized the investigation as a “witch hunt” being used by Ms. James for political gain. He described the investigation and others before it as “an attempt to silence a President who is leading in every single poll.”
In a separate statement, a spokeswoman for the Trump Organization called Ms. James’s move “baseless,” saying the company had already provided documents in response to the attorney general’s requests.
The State Supreme Court Justice overseeing the legal dispute over the documents, Arthur F. Engoron, will rule on whether to hold Mr. Trump in contempt and whether to assess any possible fines.
The motion is the latest legal skirmish in Ms. James’s civil investigation into Mr. Trump and his family business. Recently, Justice Engoron ordered Mr. Trump and two of his other adult children, Ivanka Trump and Donald Trump Jr., to submit to questioning by the attorney general’s office. Lawyers for the Trump family have appealed that decision.
Because Ms. James’s investigation is civil, it can lead to a lawsuit but not criminal charges. She has said in other court papers that her office had obtained evidence showing that Mr. Trump’s family business, the Trump Organization, had engaged in “fraudulent or misleading” practices.
The attorney general’s office is also involved in a criminal investigation into Mr. Trump that is focused on some of the same conduct and is being conducted by the Manhattan district attorney’s office. The two senior prosecutors leading that investigation resigned in February after a disagreement with the district attorney, Alvin Bragg, about whether to continue a grand jury presentation concerning Mr. Trump. Mr. Bragg’s office has said that the investigation is ongoing.
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