Man accused of setting off incendiary device at federal building denied bail

NEW YORK -- The man who allegedly set off an incendiary device outside a Manhattan federal building that houses an immigration court was denied bail during a hearing on Tuesday, as he faced charges in connection to what the FBI called an "anti-government attack."

Former Army private Andrew Arrabaca, 43, was charged with arson and did not enter a plea.

Magistrate Judge Robyn Tarnofsky denied bail and remanded Arrabaca into custody.

"The crime you're charged with is troubling," Tarnofsky said. "This wasn't something on a Sunday when nobody was in the building."

Federal prosecutor Samantha Fry said Arrabaca began planning Monday's attack in January when he traveled to upstate New York to buy a pellet gun and a BB gun, and went to Pennsylvania to buy fireworks.

"He went to several other sites around the city and considered whether to attack at those locations," Fry said, before settling on 26 Federal Plaza.

"After months of consideration and preparation, he decided to attack the federal building just down the street from this courthouse," Fry said in court. "The day before the attack, he made his way downtown, bringing with him a small arsenal of weapons."

Arrabaca had two axes, a hammer, a machete, three knives and several incendiary devices, according to the FBI.

On Monday morning, Arrabaca allegedly fired the BB gun down the street near 26 Federal Plaza, Fry said.

He then allegedly "poured a large bucket of flammable liquid in front of the employee entrance" to the federal building, set it on fire and threw fireworks onto the flames, she said.

Two government employees and one civilian suffered minor injuries, according to the FBI. The civilian victim was an immigrant there for an immigration hearing, the FBI said.

"This attack could have ended much more tragically," Fry said. "He had targeted this particular entrance of the building because it was a busy entrance."

Fry called the attack "calculated, targeted and unacceptably dangerous."

Arrabaca's defense attorney told the judge there were words on the helmet he wore during the attack indicating "suicidality."

"He understood he might die during the incident," defense attorney Jennifer Brown said. "There's an underlying mental health issue."

The judge said mental health issues are "quite likely the cause of the behavior" but she said she doubted Arrabaca would comply with treatment if released.

"The problem I'm having is he had access to those services before and he wasn't availing himself," Tarnofsky said.

She ordered prosecutors to convey to the Bureau of Prisons Arrabaca required mental health treatment, calling him "quite clearly ill."

He is due back in court on Aug. 4.

Arrabaca is a former soldier who served from 2001 to 2005 and worked as a mechanic on Patriot missile systems, officials said.

FBI Assistant Director in Charge James Barnacle called Arrabaca "an anti-American, anti-government extremist."

Arrabaca had a cart with a sign reading "ICE Off Our Streets," NYPD Commissioner Jessica Tisch said, and he allegedly "yelled derogatory terms toward ICE" during his arrest, according to Barnacle.