Judge orders Andrew Arrabaca, accused in 26 Federal Plaza attack, to be detained and evaluated

Andrew Arrabaca, the U.S. Army veteran arrested after allegedly shooting off a pellet gun and setting a fire outside 26 Federal Plaza, was in court Tuesday afternoon on a criminal complaint.

The 43-year-old is charged with arson.

Arrabaca, who entered the courtroom wearing all black and glasses, stared straight ahead. He is accused of lighting gasoline on fire near the employee entrance of the federal building on Monday.

Prosecutors state case for Arrabaca to be held

Prosecutors said Arrabaca also set off fireworks and shot pellets from an airsoft rifle, sending people diving into bushes.  

They argued for detention, alleging Arrabaca is dangerous and had been planning the attack since January, purchasing supplies upstate and in Pennsylvania. They also said Arrabaca went to other locations around New York City and considered whether to attack those before deciding on 26 Federal Plaza and spending Sunday night in a park downtown.

Prosecutors told the judge he is dangerous, adding he brought with him on Monday "an arsenal of weapons," like a machete and a hammer, among others.

Defense cites "underlying mental health issues"

The defense told the judge Arrabaca is an Army veteran with no criminal history and that there was an "underlying mental health issue going on here." They also said his "expressed intention was not to cause damage to people, but cause damage to property."

They argued for his release, saying he should get evaluated and treated at a Veterans Affairs facility.

Judge sides with prosecutors

The judge ordered Arrabaca detained, saying, "I don't think it is sufficiently clear that you would necessarily comply with treatment. You didn't take advantage of VA services that would have been available to you beforehand."

The judge also added, "This is someone who served our country and is quite clearly ill." He told prosecutors to get him evaluated at the Metropolitan Detention Center within 48 hours.

Arrabaca's next court date is on Aug. 4.