NEW YORK (CBSNewYork) — A grand jury issued an indictment Tuesday for Tyrone Howard, the suspect who allegedly shot and killed NYPD Officer Randolph Holder last week.

Howard, 30, is charged with shooting officer Randolph Holder in the head on Tuesday of last week, outside of a housing project in East Harlem. Howard was taken into custody a few blocks away and has been charged with murder and robbery. He has not entered a plea.

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Howard did not appear at the hearing at which the grand jury handed down the indictment, according to the Manhattan District Attorney’s office.

He will appear for an arraignment on the charges listed in the indictment in Manhattan Supreme Court on Nov. 24.

On Sunday, cops recovered a gun in the East River, about 20 feet below the surface near 123rd Street, believed to be linked to Holder’s death. The .40-caliber Glock was tested and was confirmed as the murder weapon on Monday.

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Howard’s lawyer said a determination of guilt or innocence has to be made in a court of law, WCBS 880’s Marla Diamond reported.

“…Not in press conferences where people can say or do what they want. and I hope in this case — this high profile case — that he’ll have his day in court and he won’t be pre-charged,” he said.

Howard is a repeat offender, and Mayor Bill de Blasio said the courts should never have allowed him back on the streets.

Holder’s wake was held in Jamaica, Queens on Tuesday. His funeral will be held at 3 p.m. on Wednesday.

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