ALBANY, N.Y. (CBSNewYork/AP) – A New York court says the gunman who killed six and wounded 19 people on a New York commuter train about two decades ago tried to incite a deadly riot at an upstate prison.

The Appellate Division justices say videotape, testimony and a prison misbehavior report provide substantial evidence that Colin Ferguson threatened violence and conspired to riot.

A corrections officer reported hearing the 56-year-old inmate encouraging others to riot and use weapons to kill guards.

There’s no immediate word on when Ferguson tried to incite the riot.

Ferguson is now at Upstate Correctional Facility and eligible for parole in 285 years with convictions for murder, attempted murder and weapon possession.

He boarded a Long Island Rail Road train in Queens on Dec. 7, 1993, fired methodically over several minutes, reloading at least once, before he was tackled by passengers.

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