SDNY COURTHOUSE, July 21 - Thirty-two
hours after being filmed pouring gasoline in front of an
entrance to 26 Federal Plaza in lower Manhattan, Andrew
Arrabaca appeared in the U.S. District Court for the
Southern District of New York.
His Federal
Defender argued for release to a locked ward in the
Veteran Administration hospital on 23rd Street for
mental evaluation. The SDNY prosecutor argued for
detention, and Magistrate Judge Robyn F. Tarnofsky after
taking a break agreed. Arrabaca will remain detained.
While the
Complaint was not yet in PACER, Arrabaca is charged with
arson, and not terrorism. Inner City Press was there, in
the jury box, and live tweeted:
4:48
pm
Arrabaca is brought out of the holding cell by three US
Marshals. He is short, wearing eyeglasses. Look over at
us reporters sitting in the jury box. There are four
AUSAs.
4:51 pm
All rise!
Judge
Robyn Tarnofsky: You have been charged in a Complaint. I
have you financial affidavit. Did you sign it?
Arrabaca: Yes Your Honor I signed the affidavit.
Judge: I appoint Ms. Brown of the Federal Defenders to
represent you.
4:55
pm
Judge: Mr. Arrabaca, you are charged with arson in an
incident that occurred on July 2 [sic]
Federal Defender: We waive the public reading.
Judge: You have the right to a preliminary hearing, in
14 days if you are in custody, 21 if not.
Judge:
Is there an agreement regarding release pending trial?
AUSA: No Your Honor.
Judge: So we'll have a bail hearing. What is the basis
for seeking detention?
AUSA: Danger to the community and a serious risk of
flight.
Judge:
Is this a presumption case?
AUSA: Yes, Your Honor.
Judge: Tell me why detention is warrant.
AUSA: We join with Pre-Trial Services in the view that
he must be detained. Yesterday, on July 20, he set out
to attach a Federal building. His plan started in
January
AUSA:
He bought a pellet gun, and fireworks. He scoped out
other targets. On Sunday afternoon he brought an arsenal
of weapons downtown. A machete, the pellet gun - he
spent the night in a park downtown. He went and set of
fireworks, then pointed the pellet gun
AUSA:
He pour a flammable liquid in front of an employee
entrance and lit it on fire. Then he went to his wagon,
got fireworks and threw them in the fire. Members of the
public were arriving, parents with children for the day
care, the post office.
AUSA:
Any questions about danger?
Judge: No, thank you.
AUSA: The evidence is strong, including the post arrest
interview. He faces a seven year mandatory minimum. He
does not have a stable residence- he is living out of a
car, and spent the night in a downtown park
Judge:
Ms. Brown?
Federal Defender (FD) Brown: Mr. Arrabaca is a 43 year
old US citizen with no record. A life long resident of
NY. A veteran of the Army, until recently employed. He
hasn't left the US since 2005
Federal
Defender:
The words on the helmet, he understood he might die.
There is an underlying mental health issue here. He
should not be warehoused at MDC. Let's get him help. I
propose he be released on personal recognizance bond to
the VA emergency hospital
Federal
Defender:
The VA at 423 East 23rd Street has a locked ward. The
intent was to damage property. The suicidality can be
addressed.
Judge: What about after the evaluation?
FD: Depends on what it reveals. He could move into a
shelter. He could be monitored.
Judge:
Could
he be evaluated and not released until you came back
here with the report?
Federal Defender: That is what we are proposing - locked
ward until a treatment plan set up. The risk is
mitigated.
Judge: What services would be available if he is
remanded?
AUSA:
He was prescribed mental medication in 2020 and stopped
taking it in 2021. If retained, he would be evaluated.
This was a plan he had over many months. He targeted an
employee entrance at a busy time
FD: The MDC is difficult for people with mental
issues
Judge:
I don't have any comfort that he would stay in a
treatment location or plan.
Federal Defender: He served his country.
Judge: Government?
AUSA: Nothing further.
Judge: Can we assure mental evaluation and treatment?
AUSA: We'll confer with the MDC
Judge:
Recess
[While
Judge
Tarnofsky is in the robing room, AUSAs confer. Now the
Marshals have taken Arrabaca back into the holding cell,
while the two Federal Defenders remain in the courtroom
The view out the window of 23B is amazing: Division
Street and the Manhattan Bridge
Meanwhile,
USA
v. Arrabaca complaint not yet in PACER (it cost 20
cents, soon to be 24, to find out)
5:34
pm
The three US Marshals bring Arrabaca back out of the
holding cell, one of them on a cellphone saying, Yes
Ma'am, we're bringing him out. It's decision time.
#JailOrBail?
5:36
pm
Judge Tarnofsky: I find the presumption has not been
rebutted. There are no conditions on which you can be
released...The crime you are charged with is troubling.
It was at a time it could cause harm - it was not on a
Sunday when the building is less used
Judge:
You didn't take advantage of VA services that would have
been available to you. So let's set a preliminary
hearing date.
Federal Defender: 14 days, Your Honor.
Judge: This is someone who needs to be evaluated. This
is someone who served our country
Judge:
I want a letter in 48 hours
[Inner City Press is be on alert on this docket, like
others]
Federal Defender: I have a medical order, not mental,
physical.
Judge: Or course. [It is passed forward to the high
bench]
More
on X for Subscribers here
and Substack
here
The case is USA v. Arrabaca, 1:26-mj-2911 (Tarnofsky)
