Those who attacked their own nation’s Capitol failed to consider the consequences of doing so. This is part 6.
On January 6, 2021, a mob of Donald Trump supporters staged an insurrection at the U.S. Capitol building. The Guardian reported that people stormed the chambers of the House and Senate while the Electoral College does were being tallied.
Former Texas Police Officer
December 10, 2021: Houston Public Media reported: “Former HPD officer sentenced to 45 days in jail for his role in the U.S. Capitol insurrection.” It was written by Lucio Vasquez.
A former Houston police officer on Friday was sentenced to 45 days in jail for his involvement in the U.S. Capitol insurrection.
Eighteen-year HPD veteran and Richmond resident Tam Dinh Pham Pham was arrested on January 20 and initially charged with knowingly entering or remaining in any restricted building or grounds without lawful authority, and violent entry and disorderly conduct on Capitol grounds.
On Sept 20, Pham entered an agreement, pleading guilty to parading, demonstrating, or picketing in a Capitol Building.
In an affidavit filed with the U.S. District Court for the District of Columbia, Pham was accused of entering the Capitol building during the Jan. 6 riot after attending President Donald Trump’s rally in the morning.
Investigators say Pham admitted to climbing over fallen-over fences and passed through barricades as he made his way inside. Pham told investigators that he stayed inside the building for about 10 to 15 minutes before exiting, according to court records.
Police say Pham initially denied entering the Capitol building, but backtracked after photos and videos of what appeared to show Pham inside the building were found in his phone’s “recently deleted” photo album.
December 10, 2021: WUSA9 posted: “Despite ‘inspiring’ immigrant story, former Houston Police officer gets 45 days in jail for Capitol riot.” It was written by Eric Flack, Jordan Fischer, and Stephanie Wilson.
In what appeared to be to be a very close call for a federal judge, former Houston Police Officer Tam Dihn Phan was sentenced to 45 days in prison for his conviction on a misdemeanor charge from the January 6 Capitol riot.
“You added an air of legitimacy to what happens that day because you are a police officer,” U.S. District Judge Timothy Kelley told Pham.
Pham told WUSA “no comment” as he walked out of the federal courthouse after his sentencing Friday. He will have to self-surrender in his home state of Texas to serve his prison time.
A request from Pham’s attorney, Nicole Hochglaube, to have Pham spend 45 days in home incarceration instead of prison was denied by Kelley. Hochglaube said they respect the judge’s sentence.
“I think the judges have an important responsibility to weigh the sentencing issues, which the judge did,” Hochglaube said. “Mr. Pham is looking forward to serving his sentence and getting it behind him.”
Pham is seen in photos and videos spending about 20 minutes inside the Capitol during the Capitol riot. Questioned a week later by the FBI, Pham initially lied about being inside the Capitol building. Investigators checked his phone and found pictures taken inside the Capitol in the “deleted photos” folder of his device.
Pham, an 18-year veteran patrol officer with Houston Police, resigned his position shortly after that FBI interview — just two year shy of qualifying for a pension. In court, Hochglaube told the judge the Vietnamese man moved to the U.S. penniless in 1991 and loved the country that helped him to build a life and a career.
Pham broke down in tears as he addressed Kelly before sentencing.
“The day I was on the news my sister in Vietnam called and said the whole village watched me. I lost my reputation and my career and brought shame on my family especially my children,” Pham said. “The U.S. has given me so many opportunities. I’m so sorry for what I did.”
Kelley told Pham he strongly considered giving him probation, noting that, overall, he played a minor role in the riot and lost his job and pension as a consequence. But Kelly was bothered by Pham’s seeming unwillingness to take full responsibility for his actions.
Pham repeatedly told the court he “stupidly followed people in the Capitol.”
Kelley said as a police officer, Pham knew he was breaking the law.
“Your immigrant story is inspiring. I have no doubt you love this country,” Kelley said. “But you violated your sworn duties to uphold the Constitution and you added an air of legitimacy to what happened that day because you are a police officer.”
Pham will have to pay $500 in restitution and a $1,000 fine in addition to his prison sentence.”
January 19, 2021: KHOU-11 posted: A federal judge set bond Thursday at $50,000 for the former Houston police officer accused of taking part in the deadly U.S. Capitol riot.
The judge also ordered Tam Dihn Pham to surrender his U.S. and Vietnam passports and to not have any communication with law enforcement and anyone who is a victim or witness in the case.
Pham turned himself in on Wednesday, according to his attorney.
Pham is charged with violent entry and disorderly conduct on Capitol grounds and unlawfully entering a restricted building. He’s expected to be released after appearing before a federal magistrate.
According to a federal warrant, Pham initially denied he was part of the pro-Trump mob the stormed the Capitol on Jan. 6. But FBI agents say he confessed when they found deleted cell phone photos of him inside the building.
Attorney Nicole DeBorde said Pham is cooperating and “feels a great deal of shame for what happened” and believes President Joe Biden won the election, unlike other rioters.
“He went to see the last speech that President (Donald) Trump was giving and then ultimately ended up getting swept up in the crowd that moved from the speech down the mall to the Capitol,” DeBorde said.
Deborde said Pham wants to disassociate himself from what took place.
“I want to make it clear that Mr. Pham is a very devout Buddhist and is a very peaceful man,” she said.
In a statement, Houston Police Chief Art Acevedo said Pham’s record while serving on HPD will be scrutinized.
“We are also auditing arrests made by this former officer to ensure there are no irregularities, to include the review of his body worn camera footage related to his arrests,” the statement said. “While our community and members of our department are understandably upset about this breach of trust, all should be heartened by our swift, decisive, and transparent action.”
The investigation into Pham’s actions at the Capitol began after Acevedo received a tip.
During an interview at his Richmond home, Pham told FBI agents he went to Washington D.C. on a “business trip” with his wife and a friend. He said he went to the Trump rally to “see history.”
He admitted he followed the crowd to the Capitol, climbing over downed fences and going around barricades, according to the document.
While inside the building, Pham said “he looked at historical art” and took photos and videos.
FBI agents say he gave them permission to digitally copy those photos and videos.
One photo shows Pham standing next to a statue and under a Trump flag with an expletive. Others show him with the Capitol Rotunda in the background.
“The metadata associated with each of these photographs indicate that they were created on January 6, 2021 between 2:50 and 2:55 p.m., the document states.
Five people died during the riot, including a Capitol police officer.
Pham was placed on administrative leave last week and later resigned.
Attorney Nicole DeBorde’s full statement:
“DeBorde says Pham has been fully cooperative, speaking with agents, and is expected to go before a magistrate in federal court IN HOUSTON soon (she didn’t know day or time) but will ultimately face charges in federal court in D.C. DeBorde says Pham is a quiet man, has a strong Buddhist faith, and feels a great deal of shame for what happened, as well as sad and ‘wishes he hadn’t been there.” DeBorde also says Pham believes Joe Biden won the election, and wishes him well. DeBorde also notes the charges Pham faces are-despite the extraordinary circumstances- are basically federal misdemeanors.
January 19, 2021: The Texas Tribune reported: “Federal officials charge former Houston Police officer for participating in U.S. Capitol riot” It was written by Duncan Agnew.
Federal agents have charged the former Houston police officer who allegedly joined a violent mob that invaded the U.S. Capitol with knowingly entered a restricted government building and engaging in disruptive and disorderly conduct, according to media reports Tuesday. An affidavit written by FBI Special Agent Amie C. Stemen named the previously unidentified officer as Tam Dinh Pham.
In a press conference last week, Houston Police Chief Art Acevedo sad he had notified federal authorities about Pham’s presence at the Capitol riot after seeing Facebook photos linking Pham to the pro-Trump supporters. Pham then agreed to meet with FBI agents at his home in Richmond on Jan. 12.
According to the affidavit published by media organizations, Pham told the agents that he had traveled to D.C. from Houston on Jan. 5 for his wife’s business trip. He initially denied entering the Capitol, but admitted to attending the Trump rally earlier in the day.
However, federal officers found photos of Pham standing in the Capitol rotunda in the deleted photos section of his phone. One agent warned Pham about making any false statements, and Pham agreed to cooperate for the rest of the investigation.
Pham also denied being a member of any far-right social media groups that had advertised the Jan. 6 rally, saying that he learned about the gathering on Facebook and attended because he wanted to “see history,” court documents show. After the president’s speech to the crowd that morning, he followed others to the Capitol, eventually climbing over toppled fences and barricades along the way. The photographs on Pham’s phone place him in the rotunda between 2:50 and 2:55 p.m. Eastern Time on Jan. 6.
Pham told FBI agents that he spent about 15 minutes inside the Capitol where “he looked at historical art on the walls and took photographs and videos inside.”
Acevedo announced last Thursday that Pham had resigned pending the federal investigation.
Since last week, political news site The Appeal has been tracking law enforcement officers who participated in the pro-trump riot that left five people dead. As of Tuesday, the site has identified over 30 offers from departments around the country who joined the mob at the Capitol.
The Washington Post also reported that ahead of President-elect Joe Biden’s inauguration on Wednesday, federal authorities are currently in the process of screening troops from the National Guard for any connections for extremist groups, a choice that Gov. Greg Abbott quickly decried on Twitter.
“This is the most offensive thing I’ve ever heard,” Abbott tweeted. “No one should ever question the loyalty or professionalism of the Texas National Guard. I authorized more than 1,000 to go to D.C. I’ll never do it again if they are disrespected like this.”
As part of this security screening process, officials have removed 12 members of the National Guard from helping secure Biden’s inauguration, the Associated Press reported Tuesday. All 12 troops either had links to far-right extremist groups, or had posted violent or extreme views on online platforms. It’s not know what units the 12 members served in.
June 23, 2023: WUSA9 posted: “Rioter among first to enter US Capitol sentenced to 45 years in prison.” It was written by Jordan Fischer and Stephanie Wilson.
In what appeared to be a very close call for a federal judge, former Houston Police Officer Tam Dion Pham was sentenced to 45 days in prison Friday for his conviction on a misdemeanor charge from the January 6, Capitol riot.
“You added an air of legitimacy to what happened that day because you are a police officer,” U.S. District Judge Timothy Kelley told Pham.
Pham told WUSA9 “no comment” as he walked out the federal courthouse after his sentencing Friday. He will have to self-surrender in his home state of Texas to serve his prison time.
A request from Pham’s attorney, Nicole Hochglaube, to have Pham spend 45 days in home incarceration instead of prison was denied by Kelley. Houchglaube said they resect the judge’s sentence.
“I think the judges have an important responsibility to weigh the sentencing issues, which this incarceration instead of prison was denied by Kelley. Hochglaube, to have Pham spend 45 days in home incarceration instead of prison was denied by Kelley. Hochglaube said they respect the judge’s sentence.
“I think the judges have an important responsibility to weigh the sentencing issues, which this judge did not,” Hochglaube said. “Mr. Pham is looking forward to serving his sentence and getting it behind him.”
Pham is seen in photos and videos spending about 20 minutes inside the Capitol during the Capitol riot. Questioned a week later by the FBI, Pham initially lied about being inside the Capitol building/ Investigators checked his phone and found pictures taken inside the Capitol in the “deleted photos” folder of his device.
Pham, an 18-year veteran patrol officer with the Houston Police, resigned his position shortly after that FBI interview — just two years shy of qualifying for a pension. In court, Hochglaube told the judge the Vietnamese man moved to the U.S. penniless in 1991 and loved the country that helped him build a life and a career.
Pham broke down in tears as he addressed Kelley before sentencing.
Pham repeatedly told the court he “stupidly followed people in the Captol.”
Kelley said as a police officer, Pham knew he was breaking the law.
“Your immigrant story is inspiring. I have no doubt you love this country,” Kelley said. “But you violated your sworn duties to uphold the Constitution and you added an air of legitimacy to what happened that day because you are a police officer.”
Pham will have to pay $500 in restitution and a $1,000 fine in addition to his prison sentence.
Colorado Man Asked Judge To Distance Himself From Other Insurrectionists
December 9, 2021: WUSA9 posted: “Alleged Insurrection from Colorado wants out of jail to get away from other accused insurrectionists” It was written by Erin Powell.
A Coloradan accused of violence during the insurrection at the U.S. Capitol has asked to be released from jail to distance himself from other accused insurrectionists.
Robert Gieswein, of Woodland Park, petitioned the court in the week before Thanksgiving asking for reconsideration of his status before trial. Court documents say Gieswein and others arrested after the events on Jan. 6 are “vulnerable to radicalization” by remaining together.
…”Mr. Gieswein, a very young man who came to the District alone, is now trapped in a highly charged environment that could potentially exert undue influence on his thinking, and may eventually create pressure on him to conform, or to allow others’ political narratives to drive his thinking and decision-making,” his lawyers said.
In a handwritten letter to the judge, Gieswein himself said the would like to be released to live with his godparents to help his family financially and separate himself from the environment.
“That fact is that January 6 was one crazy day with many elements, and I will never put myself into a situation like that again,” he wrote. “… to spend every day in here like Groundhog’s Day … It is natural in this environment for the conversation always to turn to January 6, and for us to look to each other for strength.
Geiswein is accused of attacking police and spraying them with a chemical during the attempted coup that happened as Congress was set to certify the results of the presidential election He’s accused of being one of the first rioters to enter the capitol, dressed in military gear and carrying a baseball bat.
In court documents, Gieswein’s attorneys also raised a concern about a prison incident in which inmates allegedly got sick after guards use an irritant spray to subdue another inmate.
A hearing to consider his request hasn’t been scheduled yet.
June 23, 2023: United States Attorney’s Office District of Columbia posted: Colorado Man Sentenced For Assault On Law Enforcement
Defendant Assaulted Numerous Officers with an Aerosol Irritant
A Colorado man was sentenced to prison today for assaulting law enforcement officers during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the action of others disrupted a joint session the U.S. Congress convened to ascertain and count the electoral votes retailed to the 2020 presidential election.
Robert Gieswein, 26, of Woodland Park, Colorado, was sentenced to 48 months in prison for two counts of assaulting, resisting, or impeding officers. In addition to the prison term, U.S. District Court Judge Trevor N. McFadden ordered 36 months of supervised release.
According to court documents, on Jan. 6, 2021, Gieswein encountered a small group of Proud Boys in downtown Washington, D.C. Gieswein was dressed in a camouflage paramilitary kit, and he was carrying a baseball bat. These individuals invited Gieswin to stay with them throughout the day.
At some point, one of the Proud Boys members gave Gieswein a piece of orange duct tape on his helmet for the purpose of identifying him as a “friendly.” Gieswein walked with the small group of Proud Boys to the area surrounding the Washington Monument, where he encountered a large group of individuals who identified as Proud Boys members, as well as others.
Shortly after 10 a.m., Gieswein marched with the group of Proud Boys from the Washington Monument to the Capitol. After marching with the Proud Boys for nearly three hours, Gieswein arrived at the Peace Monument shortly before 1:00 p.m. A large mob, including the defendant, rushed into the restricted area with other rioters in, among other things, pushing on a barricade held by police that they were using to set a line between themselves and the rioters.
Gieswein was stopped by a man with a microphone and asked how he was doing. In response, Gieswein stated, among other things, that “this” was “crazy,” and that he “would die for this.” Asked what the solution was to “this right here,” Gieswein stated, to “execute these fascists.” Moments prior to making the statement, the defendant threw a water bottle at a line of police officers.
Shortly before 2:00 p.m., the crowd pushed up the stairs under the Inauguration scaffolding that led from the west plaza to the upper west terrace, and Gieswein joined in this push. At the top of the stairs, the defendant sprayed an aerosol irritant at three members of the U.S. Capitol Police, who were attempting to prevent the crowd from further advancing toward the Capitol building.
At approximately 2:34 p.m., the defendant sprayed his aerosol substance at a group of officers who were in the processor arresting another rioter. At least one officer was hit by the spray and experienced a bodily injury. In response, officers attempted to arrest Gieswein, and a scuffle ensued. Gieswein attempted to push at least one officer.
Inside the Rotunda, shortly after 3:00 p.m., Gieswein participated with other rioters in pushing against a group of police officers who were trying to prevent rioters from advancing up a hallway that led to the House Speaker’s office. Gieswein and others were unable to break through the line of officers and were pushed back into the Rotunda. Shortly thereafter, the defendant exited the Capitol.
This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the District of Colorado.
This case was investigated by the FBI Denver Field Office and the FBI’s Washington Field Office, which identified Gieswein as #10 in its seeking information photos. Valuable assistance was provided by the Metropolitan Police Department and the U.S. Capitol Police.
In the 20 months since Jan. 6, 2021, more than 1,000 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including nearly 350 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.
April 20, 2022: Law & Crime posted: “Judge Warns Lawyer for Man Accused of Assaulting Police on Jan. 6: Your Client’s ‘Mouthing Off” Won’t End Well.” It was written by Marisa Sarnoff.
After a Colorado man accused of assaulting law enforcement on Jan. 6 indignantly disrupted his pretrial proceedings about his “First Amendment right” to speak on his own behalf, a federal judge informed his attorney that his client’s protections do not extend to ranting out of turn in a courtroom.
Accused police assailant Robert Gieswein “will be back in a loci in a second if he keeps mouthing off,” Senior U.S. District Judge Emmet Sullivan warned.
Already jailed pending trial, Gieswein faces multiple felony charges, including assaulting police officers, civil disorder, and obstruction of an official proceeding. Decked out in military-style gear including a helmet, goggles, and a tactical vest, Geiswein allegedly entered the Capitol through a broken window.
He allegedly sprayed law enforcement with a chemical spray and brandished a baseball bat as he and other supporters of Donald Trump overran police and swarmed the Capitol building a Congress was certifying Joe Biden’s win in the 2020 presidential election.
“Everyone in a Democratic Country Is Impacted by Terrorists Storming The Capitol”
According to Gieswein’s lawyer, Ann Mason Rigby, residents in the District of Columbia feel “victimized” and “targeted” by what happened on Jan. 6, and they are more invested in the outcome of Gieswein’s trial because “they know that the next Jan. 6” would also likely take place in the capital. Rigby made that point in seeking a change of venue for her client’s trial.
“Hundreds would say this was an attack on democracy, period, whether you live in D.C. or whether you live in Colorado or whether you live in Hawaii,” Sullivan said, explaining the government’s position. “So pursuant to your theory everyone in the country would be precluded from presiding over this case. There wouldn’t be a fair locale.”
“That is the government’s theory”, Rigbly agreed.
“It’s not far-fetched, Sullivan replied, adding: “Where in the continental U.S. or Hawaii can Mr. Gieswein get a fair trial, if not in D.C.?”
“In a city where a jury will not be made up of people who were directly impacted by Jan. 6,” Rigby started to reply.
“But the theory is that everyone in a democratic country is impacted by terrorists storming the Capitol,” interrupted Sullivan, a Bill Clinton appointee. “That is the government’s theory. The argument is this was the worst assault on democracy since the War of 1812.”
At this point, as Sullivan and Rigby were talking over each other, Gieswein jumped into the exchange.
“Your honor, I object to all of those comments there,” Geiswein replied.
After Sullivan said Gieswein “mouthing off” would land him behind bars, Gieswein reminded the judge that he was already incarcerated. Sullivan urged Rigby to talk to her client and cautioned Gieswein once again against speaking out in court.
“You have an excellent lawyer speaking for you,” Sullivan said.
“You’ve Got to Get a Hold of Yourself”
The judge softened his tone somewhat later in the hearing, telling Gieswein that he could end up hurting his own case.
“Trust me, Mr. Gieswein, if the case remains here — and I’m inclined to let it remain here — it’s going to be fair,” Sullivan said. “You’re going to have to get a hold of ourself. I don’t want any outburst during trial. I don’t want you to prejudice yourself before a jury that’s been selected.”
“I just feel I would like to speak in my case,” Gieswein replied. “I’m the defendant, I have a right to speak.”
“As smart as you are, you are not a lawyer, and you have these two brilliant lawyers representing you,” Sullivan said, referring to Rigby and Elizabeth Ann Mullin, who both work for the office of the federal public defender. “I have a job too, to save you from yourself,” Sullivan added.
“You’re not going to prejudice me,” the judge told the defendant. “You start exhibiting this conduct in front of a jury and you know, it’s not good. It’s not good for your presentation … Let your attorneys work for you. They’re brilliant. They’re hard working. They file motions for you at 10 or II:00 at night. That’s their job.”
Gieswein’s trial is set to start on October 24, having been continued from its original February date.
The defendant’s outburst aside, Sullivan said he was not included to grant the motion on Wednesday, suggesting instead that he would have an expanded void dire process to ensure that a fair jury was selected. He also wanted to give prosecutors the chance to respond to survey data filed by the defense in support of its argument that D.C. jurors would be prejudiced against Gieswein.
The rest of Wednesday’s hearing did not generally go in the direction Gieswein had perhaps hoped, as Sullivan denied three of his motions: a motion to dismiss two of the assault counts against him, a motion to dismiss the indictment on the grounds that his right to a speedy trial has been violated, and a motion to reconsider detention.
Geiswein was arrested in January of 2021 and has been in custody since then.
Sullivan disagreed with the arguments from Geiswein’s lawyers that the indictment against him failed to specify facts and details to meet the elements of the offense. He also noted that several other judges overseeing Jan. 6 cases denied motions to dismiss on similar grounds.
Sullivan said that while Gieswein had presented new information regarding his detention — specifically, information about poor conditions in the D.C. jail where he is housed — the judge did not find that those circumstances had a material effect on whether Gieswein would pose a danger to the community if released.
Regarding the speedy trial motion, Sullivan found that the pace of Gieswein’s case was not due to purposeful delay, or bad faith, and therefore that his right to a speedy trial was not being violated.
Toward the end of the hearing, prosecutors noted that the government had offered Gieswein a plea deal that would allow him to drop all but of the assault charges against him. Geiswein rejected that offer.
June 23, 2023: WUSA9 posted: “Rioter among first to enter US Capitol sentenced to 4 years in prison” It was written by Jordan Fischer.
A Colorado man linked to the Three Percenters movement was sentenced on Friday to four years in prison for assaulting police and entering the U.S. Capitol among the first group of rioters on Jan. 6, 2021.
Robert Gieswein, 26, of Divide, Colorado, appeared before U.S. District Judge Trevor McFadden to be sentenced on Friday on two counts of assaulting a federal officer. As part of a plea agreement in March, prosecutor agreed to dismiss other charges of obstruction of an official proceeding, aiding and abetting destruction of federal property and entering and remaining in a restricted building with a dangerous weapon.
According to a statement of facts read in court, Gieswein — who prosecutors have linked to an anti-government Three Percenters movement — met up with a group of Proud Boys at the Washington Monument on Jan. 6, 2021, and then marched to the Capitol – where he assaulted police with chemical irritant multiple times before becoming one of the first rioters to enter the building through a broken window. Geiswein was clad in paramilitary gear and carrying a baseball bat at the time.
Once inside, Gieswein assaulted several more officers, including one who was attempting to arrest another rioter. Police tried to place Gieswein in custody but he managed to escape their grasp.
Photo from inside the Ohio Clock Corridor just outside the Senate Chamber show Gieswein standing next to Proud Boy Dominic Pezolla, who was convicted of multiple felony charges earlier this year, and just behind Douglas Jensen, an Iowa QAnon believer who was sentenced to five years in prison last year on multiple felony counts.
Prosecutors asked U.S. District Judge Trevor McFadden to sentence Gieswein to five years in prison — approximately the same sentence McFadden had ordered for another defendant, Robert Morss of Pennsylvania, who was also convicted of assaulting police. McFadden said he thought the cases were comparable, but that Morss, a former U.S. Army Ranger, had exacerbating factor like wearing heavy body armor that did not apply to Geiswein.
McFadden instead sentenced Gieswein to 48 months, or four years, in prison. Gieswein will receive full credit for the approximately 29 months he’s already served in pre-trial detention since his arrest.
Before delivering his sentence, McFadden said he found it “disturbing” that Gieswein had headed straight to the Capitol on Jan. 6 without even attending former President Donald Trump’s speech. He said Geiswein’s conduct was among the most “violent, egregious and serious” of that day.
“I think in many ways your case is an exemplar of the dangers of a mob mentality,” McFadden said.
To date, more than 1,000 people have been sentenced in connection with the Jan. 6 assault on the Capitol. Of those, nearly 350 have been charged with assaulting, resisting or impending police, including approximately 109 who are accused of using a deadly or dangerous weapon or causing serious bodily injury.
June 23, 2023: 9News posted: “Colorado insurrectionist sentenced” It was written by Nate Lynn.
A Colorado man who assaulted law enforcement officers during the breach of the U.S. Capitol on Jan. 6, 2021, was sentenced Friday to four years in prison.
The U.S. Department of Justice (DOJ) said 26-year old Robert Gieswein of Woodland Park was also sentenced to three years of supervised release as well as restitution of $2,000 to the Architect of the Capitol after pleading guilty in March to two counts of assaulting, resisting or impeding officers.
According to court documents, Gieswein drove from Woodland Park to Washington. He was seen at public events in D.C. on Jan. 5, court documents say. In an interview on Jan. 5, Gieswein said he intended to keep President Donald Trump in power.
On the morning of Jan. 6, Gieswein met up with a group of Proud Boys members in downtown Washington, documents say, and marched from the Washington Monument to the Capitol.
While he was in the West Plaza, Gieswein was stopped by someone with a microphone and asked how he was doing. Geiswein stated, among other things, that “this” was “crazy,’ and that he “would die for this,” court documents say. When he was asked what the solution was to “this right here,” Gieswein stated to “execute these fascists,” court documents state.
Gieswein was part of a group of people who pushed their way up the Capitol steps and met a line of police officers who were trying to keep people out of the Capitol, documents say. He then sprayed the officers with an aerosol irritant, according to court documents.
Gieswein was one of the first rioters to reach the Capitol and enter the building, according to the DOJ.
Documents say Gieswein sprayed the aerosol irritant at three more officers before accessing the Rotunda.
After police blocked Gieswein and others from accessing then-Speaker of the House Nancy Pelosi’s office, Gieswein left the Capitol building. He then drove back to Colorado, according to court documents.
He was indicted later that month after turning himself in to authorities in Teller County.
The DOJ said more than 1,000 people from nearly all 50 states have been arrested for crimes released to the insurrection, including nearly 350 people charged with assaulting or impeding law enforcement.
June 23, 2023: The Colorado Sun posted: “Woodland Park man sentenced to 4 years in prison for assaulting U.S. Capitol police officer during Jan 6. riot”. It was written by Olivia Prentzel.
A Woodland Park man, who pleaded guilty to assaulting a Capitol police officer during the Jan. 6 riots, was sentenced Friday to four years in prison.
Robert Gieswein, 26, will be required to serve the three years of supervised release after his prison sentence and pay $2,000 in restitution, according to federal court documents.
Gieswein is the latest Coloradan to be sentenced for his involvement in the 2021 Capitol breach. More than a dozen people from Colorado were charged with crimes in the Jan. 6 attacks.
Last month, a leader of the Oath Keepers, a far-right extremist group, was sentenced to 18 years in prison. The sentence for Stewart Rhodes was the longest so far in the federal investigation.
Gieswein faced four criminal charges, including assaulting, resisting, or impeding certain officers using a dangerous weapon. He was accused of encouraging other rioters to break into the Capitol through a broken window, intimidating and assaulting Capitol police officers with a baseball bat and spraying aerosol from a black canister toward officers. Investigators say he was part of the Three Percenters, an extremist far-right militia group.
In March, Gieswein pleaded guilty to two counts of assaulting, resisting, or impeding certain officers. Each assault charge carries a statutory maximum sentence of eight years in prison, in addition to financial penalties, according to the U.S. District Attorney’s Office.
A judge sentenced him to four years of prison and three years of supervised release for each count, which he can serve concurrently, according to court documents.
Prosecutors say Gieswein allegedly borrowed a baseball bat from another rioter after he heard people in the crowd talking about potential violent counterprotestors planning to attack Donald Trump supporters, such as himself. He said he wore a protective, military-style vest because he knew rallies for the former president could become violent.
“Admittedly caught up in the emotions and energy of the moment and falling prey to mob mentality, Robert stopped thinking rationally and accepted a can of pepper spray by an unknown protestor,” court documents stated. “Then, acting completely contrary to the character he displayed throughout his entire life up until this moment, Robert joined the large mob, and took aggressive actions toward some members of the police.”
Gieswein turned himself in at the Teller County jail Jan. 18, 2021, and has been in jail since.
In a memorandum filed by U.S. District Court last week, Giewswein’s attorneys wrote that he “lives with great regret for his actions and has accepted full responsibility for the crimes he committed on January 6, 2021.
In a handwritten letter, Gieswein said he had not planned to go to the Capitol or break the law on Jan. 6 after traveling from Woodland Park to D.C. to attend a rally for Trump.
“I was very emotional and I was not behaving appropriately,” he wrote. “It was not my intention to hurt the police. I was mad and wanted them out of the way.”
His attorney’s asked the judge to consider a time-served sentence followed by a period of supervised release.
The request was accompanied by letters from Gieswein’s mother and three friends, one of whom called him “one of the most empathic people I’ve ever met.”
“I made mistakes and I cannot explain why. I can say I am sorry and I am paying for it, Gieswein wrote to the judge. “I am so ready to get back to my mom and sister to care for them.”
June 27, 2023: Denver 7.com posted: “Colorado man sentenced for assaulting police during Jan. 6 attack on U.S Capitol. It was written by Stephanie Butzer.
A man from Woodland Park was sentenced to prison on Friday for his actions during the breach of the U.S. Capitol on Jan. 6, 2021.
U.S. District Court Judge Trevor N. McFadden sentenced Robert Gieswein, 26, to 48 months in prison for two counts of assaulting, resisting or impeding officers, plus 36 months of supervised release and $2,000 in restitution to the Architect of the Capitol, according to the U.S. Department of Justice.
Based on court documents, on Jan. 6, 2021, Gieswein was walking in downtown Washington, D.C. dressed in a camouflage paramilitary kit and carrying a baseball bat. He was approached by a small group of Proud Boys who invited him to stay with them for the day. One of them gave Gieswein a piece of orange duct tape to put on his helmet to signify that he was “a friendly,” according to the U.S. Department of Justice.
Gieswein walked with the Proud Boys to the Washington Monument, where a larger group of Proud Boys stood.
After 10 a.m., he marched with the group to the U.S. Capitol.
After nearly three hours of marching around the building, Gieswein arrived at the Peace Monument around 1 p.m. A large mob, including Gieswein, rushed the restricted area of the Capitol grounds and ultimately to the West Plaza. There, he and other rioters pushed on a police barricade, according to the U.S. Department of Justice.
“While in the West Plaza, Gieswein was stopped by a man with a microphone and asked how he was doing,” the U.S. Department of Justice said. “In response, Gieswein stated, among other things, that ‘this’ was ‘crazy,’ and that he ‘would die for this.’ Asked what the solution was to his ‘this right here,’ Gieswein stated, to “excuse these fascists,” according to the Department of Justice.
Shortly before 2 p.m., the crowd — including Gieswein — pushed up the stairs that led to the Upper West Terrace. At the top of the stairs, he sprayed an aerosol irritant at three members of the U.S. Capitol Police.
Gieswein continued to move with the crowd toward the Capitol building and encountered another line of officers trying to stop the group. Gieswein again sprayed his aerosol canister at the officers, according to the U.S. Department of Justice.
He was one of the first rioters to reach the façade of the building and saw the window next to the Senate Wing Door get breached around 2:13 p.m. He entered through that window. Around 2:29 p.m., he sprayed the aerosol at another group of officers.
He did this again at 2:34 p.m., as officers were arresting another rioter, according to the U.S. Department of Justice. They tried to arrest him and he attempted to punch one of the officers. He then broke free of the officers.
At 3 p.m., he, along with other rioters, pushed against a group of officers who were trying to prevent the rioters from moving up toward Speaker Nancy Pelosi’s office. The group was pushed back into the Rotunda.
At this point, Gieswein left the Capitol.
He was indicted in late January 2021. He was ordered to stay in jail the same week.
He was sentenced on Friday.
This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section.
Since the Jan. 6 attack, more than 1,000 people have been arrested in almost every state for crimes related to the breach of the U.S. Capitol. Of those, 350 have been charged with assaulting or impeding law enforcement.
Gieswein is one of several Coloradans charged in connections with the Jan. 6 riot, and several others either traveled there from Colorado or were arrested in Colorado to face federal charges…
June 16, 2023: WUSA9 posted: “Judge Orders Former Oath Keepers, Latinos for Trump attorney restored to competency before trial”
A federal judge said Friday he would order former OathKeepers general counsel Kellye SoRelle restored to competency a week after the government and defense evaluators found she was not fit to stand trial.
SoRelle, an attorney and former Republican candidate for the Texas House of Representatives, was scheduled to begin trial next month with two members of the Oath Keepers militia. A federal grand jury indicted her in September on felony charges of conspiracy and obstruction for allegedly instructing members of the Oath Keeper, led by her then-boyfriend Stewart Rhodes, to destroy evidence after the Jan. 6, 2021, attack on the U.S. Capitol. SoRelle, who served also served as counsel for Latinos for Trump, was on Capitol grounds on Jan. 6, with Rhodes but did not enter the building.
Last week, both SoRelle’s attorney Horatio Aldredge and a Justice Department attorney informed U.S. District Judge Amit P. Mehta that separate evaluator hired by both parties had come to the conclusion SoRelle was not competent to stand trial. A report documenting the government’s evaluator’s findings was submitted to the court under seal this week. The specific nature of the findings was not disclosed.
On Friday, Metha said he would accept results from the evaluators and order SoRelle restored to competency. Both Aldredge and Assistant U.S. Attorney Kathryn Rakozcy agreed their reading of the federal statute governing competency to stand trial — 18 U.S. Code 4241 — required SoRelle’s treatment to occur in an in-patient setting.
Although competency restoration typically occurs while in the custody of the Bureau of Prisons, Metha, who has allowed SoRelle to remain out on personal recognizance since her arrest, was reluctant to order SoRelle detained.
He suggested parties explore other hospitalization options like St. Elizabeths Hospital in D.C. — although he questioned whether a non-D.C. resident would be able to receive treatment there. Aldredge said she was aware of a possible option in San Antonio, approximately an hour-and-a-half from SoRelle’s home in Texas. Within the Bureau of Prisons, the process normally takes up to four months to complete.
Metha ordered the parties to return for a status hearing in 60 days, and said he would change SoRelle’s conditions of release to require her to seek outpatient mental health treatment until a bed can be located for her at an in-patient facility.
SoRelle attended the telephonic hearing Friday via Zoom from what appeared to be the interior of a car, but did not speak during the proceeding.
Metha’s order means SoRelle will not appear alongside co-defendants Donavan Crowl and James Beeks at the trial scheduled to begin July 10. Both men face seven counts ranging from entering a restricted building to conspiracy to obstruct an official proceeding for their alleged roles in the Capitol riot.
To date, at least 21 members of the Oath Keepers militia have been convicted at trial or pleaded guilty to charges in connection with Jan. 6. Eight, including the militia’s finder Stewart Rhodes, have been convicted of seditious conspiracy. Only one, Michael “Whip” Green — the militias operations leader on Jan. 6 — has not been convicted of at least one felony count. Rhodes was sentenced last month to 18 years in prison.
August 21, 2024:The Associated Press reported: “Attorney for far-right Oath Keepers Extremist group pleads guilty Capitol riot charges” It was written by Michael Kunzelman.
An attorney who represented the far-right Oath Keepers pleaded guilty on Wednesday to charges stemming from a mob’s Jan. 6, 2021, attack on the U.S. Capitol, including members of the extremist group.
Kellye SoRelle, who was general counsel for the antigovernment group and a close associate of its founder, is scheduled to be sentenced on Jan. 17 by U.S. District Judge Amit Mehta in Washington, D.C.
SoRelle, 45, of Granbury Texas, answered routine questions by the judge as he pleaded guilty to two charges: a felony court of obstructing justice and a misdemeanor count of entering and remaining in a restricted building or grounds. The felony carries a maximum prison sentence of 20 years, but her estimated sentencing guidelines recommend a maximum of 16 months behind bars.
SoRelle was arrested in Junction, Texas, in September 2022. Here case remained suspended for months amid questions about her mental health.
More than a year ago, medical experts concluded that SoRelle was mentally incompetent to stand trial. In November 2023, she reported to a federal Bureau of Prisons facility for treatment. Last month, Mehta ruled that SoRelle had recovered to an extent that she could understand the nature of her charges and could assist in her defense.
Oath Keepers founder Stewart Rhodes is serving a 18-year prison sentence for orchestrating a plot to keep Donald Trump in the White House after the 2020 presidential election. After Rhodes’ arrest, SoRelle told media outlets she was acting as the president of the Oath Keepers in his absence.
SoRelle, a former Texas prosecutor, was photographed with Rhodes outside the Capitol on Jan. 6. As the riot erupted, she posted a chase message for the Oath Keepers that said, “We are acting like the founding fathers — can’t stand down. Per Stewart, and I concur.”
“Although SoRelle did not personally enter the Capitol Building on January 6, she understood the role those inside and outside the building, like herself, played in delaying the certification proceeding that had been taking place inside the Capitol,” a court filing accompanying he guilty plea.
The night before the riot, she joined Rhodes in meeting with other extremists group members in an underground garage in Washington, D.C The meeting also included former Proud Boys national leader Enrique Tarrio, who is serving a 22-year prison sentence for his role in a separate plot to stop the peaceful transfer of power from Trump to Joe Biden after the election.
During the trial for Rhodes and other Oath Keepers charged with seditious conspiracy, jurors heard testimony that SoRelle had a romantic relationship with Rhodes.
SoRelle pleaded guilty to obstructing justice for encouraging others to destroy electronic evidence of their participation in the plot. Two days after the riot, Rhodes and SoRelle both sent messages from her cellphone encouraging Oath Keepers to delete any incriminating evidence.
She was indicted on other charges, including conspiring with Rhodes and other Oath Keepers to obstruct Congress from certifying the Electoral College vote. But she did not plead guilty to the conspiracy charge.
August 21, 2024: United States Attorney’s Office District of Columbia posted: “Texas Woman Pleads Guilty to Felony and Misdemeanor Charges for Actions During Jan. 6 Capitol Breach”
WASHINGTON – A Texas woman pleaded guilty to felony and misdemeanor charges related to her conduct during the Jan. 6, 2021 breach of the U.S. Capitol. Her actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.
Kellye SoRelle, 45, of Grandbury, Texas, pleaded guilty to a felony charge of obstruction of Justice — tampering with documents and a misdemeanor charge of entering and remaining in a restricted building or grounds before U.S. District Judge Amit P. Mehta will sentence SoRelle on Jan. 17, 2025.
According to court documents, SoRelle was an affiliate of the Oath Keepers and the Oath Keepers’ founder and leader, Elmer Stewart Rhodes, and is an attorney who has previously worked as a prosecutor in Texas. In the days following the 2020 U.S. presidential election, members of the Oath Keepers, a far-right militia group, led by Stewart Rhodes began discussing the necessity of opposing the transition of power from President Donald J. Trump to President-Elect Joseph R. Biden, Jr. This opposition extended to advocating for the use of force if necessary.
On Nov. 5, 2020, Rhodes sent a message to an encrypted group chat titled “Leadership intel sharing secured,” which included other key figures in the Oath Keepers organization, such as Kellye SoRelle. In his message, Rhodes emphatically declared, “We MUST refuse to accept Biden as a legitimate winner,” and further escalated the rhetoric by stating, “We aren’t getting through this without a civil war. Too late for that. Prepare your mind, body, spirit.”
While some members of the Oath Keepers distanced themselves from the group due to the increasingly violent and radical tone, like Kellye SoRelle, continued to collaborate closely with Rhodes. SoRelle, a Texas-based attorney who had become increasingly involved with the Oath Keepers, worked with Rhodes on various projects aimed at opposing the election results.
On Jan. 3, 2021, SoRelle traveled with Rhodes from Texas to Washington D.C., where they planned to be part of the Oath Keeper’s operation on January 6. During the journey, Rhodes purchased or picked up over $20,000 worth of firearms-related equipment. By morning of January 6, SoRelle and Rhodes were in the vicinity of the U.S. Capitol, ready to take part in the days events.
As the riot at the Capitol began to unfold, SoRelle messaged the “Leadership intel sharing secured” group at around 1:31 p.m., declaring, “We are acting like the founding fathers — can’t stand down. Per Stewart, and I concur.” Rhodes, for his part, directed his Oath Keeper followers to the Capitol, leading to at least 20 member of the group breaching the building. At approximately 2:12 p.m., SoRelle, Rhodes, and another Oath Keeper affiliate entered the restricted areas of the Capitol grounds. Video footage captured the group passing barriers that had been set up by law enforcement to protect the Capitol.
As she entered the restricted area, SoRelle live-streamed a video to Facebook, expressing her support for the actions of the rioters and urging others not to be afraid. She described the scene as one of the “coolest damn things” she had ever witnessed and framed the riot as a necessary step to prevent the United States from descending into communism and tyranny. SoRelle continued to document the riot over Facebook live-stream as she moved around the Capitol building with Rhodes and the other Oath Keeper affiliate. The group eventually made their way to the Upper West Terrace of the Capitol, where they watched as rioters continued to stream into the building.
As they stood on the terrace, another Oath Keeper affiliate remarked that the people inside the Capitol “gotta be shitting their pants right now.” SoRelle laughed and agreed, while Rhodes responded with the Latin phrase “Sic temper tyrannis,” which means “Thus unto tyrants,” a phrase famously shouted by John Wilkes Booth after he assassinated President Abraham Lincoln.
After the events at the Capitol, SoRelle joined Rhodes and other Oath Keepers for a celebratory dinner. During the dinner, the group received word that law enforcement was either arresting or searching for individuals involved in the Capitol attack. SoRelle, and the others then left the restaurant, returned to their hotel, packed their belongings, and regrouped at a nearby gas station.
At the gas station, Rhodes turned off his cell phone and handed it to SoRelle, fearing it might be tracked by law enforcement. He then left with another Oath Keeper affiliates to delete any evidence of their involvement in the January 6, events. In a Signal group chat named DC Op: Jan. 6 21,” SoRelle wrote, “Please delete any information you’ve posted regarding the DC op and your involvement. This thread will be deleted when possible.” She also relayed instructions from Rhodes to “clean up all your chats.”
SoRelle further directed: “YOU ALL NEED TO DELETE ANY OF YOUR COMMENTS ABOUT WHO DID WHAT,” explaining that only the comment authors could delete their posts. Oath Keeper members and affiliates complied, deleting messages, photographs, and videos from their devices that could serve as evidence of their participation in the Capitol attack.
The FBI arrested SoRelle on Sept. 1, 2022, in Junction, Texas.
The U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section are prosecuting this case. The U.S. Attorney’s Offices for the Western and Eastern Districts of Texas provided valuable assistance.
This case is being investigated by the FBI’s Dallas and Washington Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.
In the 43 months since Jan. 6, 2021, more than 1,488 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including nearly 50 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.
Bedford County Man Charged With Assaulting Officer during breach of U.S. Capitol
August 18, 2021: WKRN.com reported: A Bedford County man has been arrested after federal investigators said he assaulted law enforcement during the breach at the U.S. Capitol earlier this year.
The U.S. Attorney’s Office said Ronald Colton McAbee, a 27-year-old man from Unionville, was arrested Tuesday on federal charges, including assaulting, resisting, or impeding certain officers inflicting bodily injury.
McAbee has also been charged with entering and remaining in a restricted building or grounds with deadly or dangerous weapon in connection with the riots in Washington D.C. on Jan. 6.
He made his initial appearance Tuesday in the Middle District of Tennessee.
No additional information was immediately released about McAbee’s arrest and the allegations against him.
Federal investigators said McAbee is one of more than 570 people arrested for crimes related to the breach of the U.S. Capitol.
February 29, 2024: WKRN reported: A man who was employed as a Middle Tennessee sheriff’s deputy when he assaulted police officers protecting the U.S. Capitol from a mob of Donald Trump supporters was sentenced on Thursday to nearly six years in prison.
Ronald Colton McAbee wore a bulletproof vest with two patches — one that said “SHERIFF” and another bering an insignia for the Three Percenters militia movement — when he stormed the Capitol on Jan. 5, 2021.
During a melee on the Capitol’s Lower West Terrace, McAbee dragged away an officer from a police line and punched another officer who tried to stop him.
McAbee said he never intended to “strike fear or be part of the chaos” on Jan.6, 2021. Neither officer assaulted by McAbee attended his sentencing.
“I wish they were here so I can tell them I’m sorry,” McAbee said before U.S. District Judge Rudolph Contreras sentenced him to five years and 10 months behind bars.
“I take attacks on law enforcement very, very, seriously, as I suspect you did before that day,” the judge told McAbee.
McAbe will get credit for the two years and seven months that he already has served in jail since his arrest.
Prosecutors recommended sentencing McAbee to 12 years and seven months in prison. Only six Jan. 6 riot defendants have received a longer prison sentence than that.
McAbee expressed condolences to the families of rioters and police officers who died on Jan. 6, 2021, and the days that followed. He performed CPR on Rosanne Boyland, a Georgia woman in the mob who died during the riot.
“I’m sorry for all the families that lost someone,” McAbee said.
However, the judge noted that McAbee appeared to be proud of his violent “exploits” on Jan. 6, 2021. A day after the riot, McAbee smiled and held a newspaper with the headline “INSURRECTION” as he posed for a photograph with a friend, prosecutors said.
McAbee was on medical leave from Williamson County Sheriff’s Office in Tennessee when he and a friend drove to Washington, D.C., and attended then-President Donald Trump’s “Stop the Steal” rally near the White House on Jan. 6, 2021.
McAbee wore brass knuckle gloves and a shirt bearing a Three Percenters emblem and slogans. Three Percenters refers to the myth that only 3% of Americans fought in the Revolutionary War against the British.
After watching rioters clash with police outside the Capitol, McAbee joined the fray near a tunnel leading to an entrance on the Lower West Terrace. Metropolitan Police Department Officer Andrew Wayte was on his back on the ground when McAbee grabbed one of his legs and dragged him away from his fellow officers.
“When other officers attempted to assist their fallen colleagues, McAbee interfered wit their efforts, cursing a theme and striking one of them,” prosecutors wrote in a court filing.
McAbee then lifted the officer up by his torso, causing him to cry out in pain before they sled together down a set of steps. He pinned the officer down for more than 25 seconds as other rioters attacked him and fired pepper spray at his face.
Defense attorney Benjamin Schiffelbein said McAbee was trying to alert police when he “briefly moved” Wayte and pointed at Boyland’s body.
“Mr. McAbee placed himself in an impossible situation: stand and watch as a woman lay dying in front of officers who did not notice her, or try to help her,” Schiffelbein wrote in a court filing.
A medical examiner’s office later determined that Boyland died from acute amphetamine intoxication.
After his attacks on police, McAbee “sought camaraderie and favor” from other officers still fighting off the mob.
“Can I get in?” he asked, tapping the “sheriff” path on his vest. “I can’t go back that way, man.”
Two men charged with McAbee were also convicted pf assailants Tom Wayte, whose injuries prevented him from returning for work for months. Justin Jersey, was sentenced to four years and three months in prison. The other, Clayton Ray Mullins, was sentenced to two years and six months of imprisonment.
McAbee previously served as a deputy for Cherokee County Sheriff’s Office in Georgia before leaving in November 2020 to join the Sheriff’s Office in Tennessee. McAbee worked for the Williamson County Sheriff’s office until March 23, 2021, according to prosecutors.
More than 1,300 people have been charged with Capitol-riot related federal crimes. Over 800 of them have been sentenced with roughly two thirds receiving terms of imprisonment ranging from a few days to 22 years.
Man Arrested After Sale of Metals to a Scrapyard
June 12, 2023: WUSA9 posted: “Metal sale leads to arrest of Indiana man on Capitol riot charges”. It was written by Jordan Fischer.
An Indiana man now charged with misdemeanors for his alleged role in the Jan. 6 Capitol riot was identified in part thanks to his sale of metals to a scrapyard.
William Lance Wilkerson was arrested last week in Mitchell, Indiana, on four misdemeanor counts for allegedly unlawfully entering the U.S. Capitol on Jan. 6.
According to charging documents unsealed in federal court in D.C. on Monday, Wilkerson can be seen in surveillance footage entering the building through the Senate Wing doors at approximately 3:24 p.m., — a little more than half an hour after the second breach of that entrance. Investigators say Wilkerson then made his way to the Crypt before leaving the building approximately five minutes later.
While inside, Wilkerson was captured both on surveillance video and, as shown by images included in he charging documents, a live video being broadcast by right-wing streamer Tim “Baked Alaska” Gionet, that has helped investigators to identify numerous defendants. Gionet was sentenced in January to 60 days in prison after pleading guilty to a misdemeanor count of parading, demonstrating, or picketing in a Capitol building.
Although Wilkerson is visible in Gionet’s stream, it was surveillance video taken at a scrapyard in Bloomington, Indiana, that resulted in his arrest. Under Indiana law, valuable metal dealers must verify a driver’s license when receiving scrap metals. According to the charging document, Wilkerson visited JB Salvage Inc. at least four times — including at least one time in December 2020 in which he wore the same green jacket he was wearing on Jan. 6. Wilkerson was then identified to the FBI by an acquaintance of several years.
Investigators also found Willerson’s Facebook account, where he had posed photos of himself at the Capitol on Jan. 6 along with comments indicating his presence. In one post on Jan 7., 2021, Wilkerson wrote, “Real patriots did infiltrate the capitol. I watched it happen. The media is all lies unless they were there.”
As of Monday afternoon, an initial appearance in Wilkerson’s case has not been set.
More than 1,000 defendants haven been charged in connection with the Capitol riot. Of those, more than 580 have either pleaded guilty or been convicted at trial, including more than 430 defendants who have pleaded guilty to misdemeanor charges.
June 14, 2023: FOX59 posted: “Facebook posts, scrap metal sale leads to Indiana man’s arrest for his role in Jan. 6 Capitol riots”
An Indiana man was arrested last week in Lawrence County for allegedly participating in the US Capitol riots after federal agents found him selling scrap metal.
William Lance Wilkerson, a 39-year-old Bedford man, was arrested by federal agents on Thursday, June 8, in Mitchell after an FBI investigation revealed he was likely at the US Capitol in Washington, D.C., when over 2,000 stormed the building on Jan. 6, 2021.
The FBI investigation into the Lawrence County resident began just two days after the Jan. 6 storming when on Jan. 8, 2021, agents learned of posts on Wilkerson’s Facebook page that indicated he participated.
The Facebook profile, which had the name “Wm Lance Wilkerson” had posed several photos in Washington D.C. on Jan. 6, the FBI said. One of them was a selfie at the Washington Monument with the caption “I made it here showing my colors.”
Also on Jan. 6, the FBI said that Wilkerson made another post that read: “Standing up for your rights is also being part of the mass. I did my part today!”
The next day, on Jan. 7, 2021, the FBI said Wilkerson made another Facebook post directly discussing the Capitol riots. That post, provided by the US Justice Department, can be seen below:
“Real patriots did infiltrate the capitol. I watched it happen. The media is all lies unless they were there.”
Other incriminating posts from Wilkerson’s alleged Facebook account that the FBI cited were images saying that “Americans Are Pissed” and the “The Declaration of Independence Says We Have the Right to Overthrow the Government.” The FBI said Wilkerson followed up the post by saying: “IF THAT’S THE CASE, I GUESS NOBODY BROKE THE LAW (rubbing chin emoji).”
A review of CCTV security footage from the Capitol and social media posts also showed a man alleged to be Wilkerson multiple times inside and outside of the federal building.
After searching a US database, FBI agents said they identified the owner of the account as a “William Lance Wilkerson” that resided at a home address in Bedford. When comparing the recovered footage from the Capitol with Wilkerson’s driver’s license photo, the FBI said they were a match.
Further research on Wilkerson showed that he previously visited a salvage yard in Bloomington. When reviewing the security footage from the salvage yard, agents found video of Wilkerson selling scrap metal in what appears to be the same jacket he wore to the US Capitol.
In addition to this evidence, the FBI said that the driver’s license was scanned when the man above sold the scrap metal matched Wilkerson’s. Furthermore, agents said several witnesses who knew Wilkerson said that he had “expressed an intent” to join a rally in Washington, D.C.
This years-long investigation into Wilkerson led the FBI filing the following charges against him:
- Knowingly entering a restricted building without lawful authority
- Disorderly or disruptive conduct in a restricted building
- Disorderly conduct in a Capitol building
- Parade, demonstrate or picket in any of the Capitol buildings
Wilkerson was taken into custody by federal agents on June 8, 2023, at a residence in Mitchell, one day after a US Magistrate Judge in the nation’s capitol signed a warrant for his arrest.
November 20, 2023: Indiana Public Media reported: “Bedford man gets probation for role in Jan. 6 insurrection at U.S. Capitol” It was written by Patrick Beane
A Bedford man was sentenced to 24 months of probation and ordered to pay $510 in restitution and fees Monday for his role in the Jan. 6, 2021, attack on the US Capitol.
William Lance Wilkerson, 38, was arrested in June and pled guilty in July to parading, demonstrating, or picketing in a Capitol building, a violation of Title 40, Section 5104(e)(2)(g) of the U.S. code.
According to unsealed charging documents, Wilkerson was spotted in surveillance footage entering the Capitol through the Senate Wing doors at approximately 3:24 p.m. He then made his way to the Crypt (a large circular room below the rotunda) before leaving the building five minutes later.
Although Wilkerson was visible in a video stream of the attack, he wasn’t identified until late last year when he was seen in surveillance footage selling scrap metal at JB Salvage in Bloomington.
In one of four visits to the site, Wilkerson was wearing the same green jacket he was wearing on Jan. 6.
According to the FBI, Wilkerson posted several photos in Washington D.C., on Jan. 6 on his Facebook page. One of them was a selfie at the Washington Monument with the caption, “I made it here showing my colors.” In another post on Jan 7, he wrote. “Real patriots did infiltrate the capitol. I watched it happen. The media is all lies unless they were there.”
He was initially charged with four counts, but three were dropped in the plea agreement. Wilkerson agreed to 30 days incarceration in that deal, but on Monday, that was reduced to two years of probation, with conditions.
December 16, 2024: IndyStar reported: “These are the Indiana residents charged in Jan. 6 riot who could be pardoned by Trump” It was written by Sarah Nelson.
President-elect Donald Trump has promised to pardon rioters accused in the Jan. 6, 2021 attack at the U.S. Capitol on his first day in office.
If he follows through, the move will affect at least 28 Hoosiers.
That’s how many Indiana residents have been charged in the massive investigation into the riot at the U.S Capitol on Jan. 6, 2021, which has resulted in more than 1,000 arrests nationwide. Among the Indiana arrestees, 21 have been sentenced. Trump’s promise has already resonated with eat least one of them, a Bloomington man who’s publicly voiced that he’s banking on Trump pardoning him for his crimes and didn’t show up to serve his time.
“I’m going to look at everything. We’re going to look at individual cases,” Trump pledged in his “Meet the Press” interview.
It remains unclear who Trump may pardon, such as whether potential pardons will be awarded to those charged with violent crimes.
William Lance Wilkerson – From: Bedford
Charging documents show Wilkerson’s Facebook comments, security camera images from the Capitol and cellphone records led to his arrest in the Jan. 6 riot.
Closed-circuit television footage captured six photographs of him inside the building wearing an olive-green jacket.
He was sentenced in November 2023 to two years of probation after pleading guilty to parading, demonstrating or picketing in a Capitol building.
Patriot, Indiana, Woman Arrested In Capitol Riot
March 15, 2022: WISHTV.Com posted: “Patriot, Indiana woman arrested in Capitol riot” It was posted by Brady Gibson and Ashley Fowler.
Federal authorities have arrested a Patriot, Indiana, woman for her alleged role in the Capitol riot on January 6, 2021.
The FBI says Nancy Barron, 46, surrendered to federal agents this morning on four charges related to the siege at the Capitol, which happened while lawmakers were attempting to certify the 2020 presidential election results.
Federal investigations say Barron contacted them on her own Jan. 7, 2021, to say she had been inside the Capitol.
The FBI says it found multiple photos and videos of Barron inside and outside the building.
In one selfie video that lasts several minutes, agents say Barron can be seen walking through the Capitol and approaching the House Chamber doors.
At another point in the view, Barron is seen walking up a set of stairs asking, “Where is the F****** Pelosi?” and “Is this Pelosi’s stuff down here?”
At another point in the video, Barron is seen walking up a set of stairs yelling, “F*** Nancy Pelosi and f*** Chuck Schumer!”
An FBI Agent claims Barron lied during her official interview, claiming she was pushed into the building and that she tried to find an exit as soon as she was inside.
Barron is accused of the following:
- Entering and remaining in a restricted building or grounds
- Disorderly and disruptive conduct in a restricted building or grounds
- Disorderly conduct in a Capitol Building
- Parading, demonstrating, or picketing in a Capitol building
Federal prosecutors did not indicate that Barron had participated in any violence while inside.
May 2024: IndyStar reported: a federal judge sentenced Barron to three years on probation after a jury found her guilty of her charges in the Jan. 6 attack.
Investigators said Barron turned herself in after telling police she had entered the Capitol that day. She was then handed her numerous nonviolent charges, including entering and remaining in a restricted building or rounds, disorderly and disruptive conduct in a restricted building or grounds, disorderly conduct in a Capitol building and parading, demonstrating or picketing in a Capitol building.
August 29, 2023: WISHTV.COM posted: “Jury convicts Patriot, Indiana woman in January 6 Trial” It was written by Brady Gibson.
A federal jury has convicted a Patriot, Indiana, woman for her role in the January 6, 2021, attack on the U.S. Capitol.
The jury found Nancy Barron guilty on all charges in the verdict returned Monday.
Federal authorities arrested Barron in March 2022 on four charges, including disorderly or disrupted conduct in a Capitol building, entering or remaining in a restricted building, and parading demonstrating or picketing inside a Capitol building.
Investigators said Barron contacted them Jan. 7, 2021, one day after the mob stormed the Capitol and disrupted the certification of the 2020 presidential election results. Barron admitted being inside the Capitol.
The FBI said it found multiple photos of Barron inside and outside the building.
In one video, she can be heard yelling “Go in” several times followed by “Charge” as rioters were trying breach the doors of the East Rotunda.
Another video on Facebook showed Barron smiling as she said “Made it in.”
At another point, Barron is seen in a video walking up a set of stairs yelling, “F… Nancy Pelosi and f…Schumer!”B
Barron was not charged with participating in any violent acts that day.
The judge in the case rejected Barron’s motions for a mistrial and for a directed verdict of acquittal.
Patriot is an Ohio River town of 200 residents that’s about an hours drive southwest of Cincinnati.
Indiana man arrested for assaulting Law Enforcement During January 6 riot
August 25, 2023: WISHTV reported: Federal agents arrested an Indiana man for assaulting police during the January 6, 2021, Capitol riot.
Curtis Tate, 32, of Jeffersonville, is also facing charges for civil disorder and destruction of government property.
Video shows Tate in restricted areas of the U.S. Capitol and using a metal baton to hit officers. It also shows him breaking a window, and throwing a speaker box, a broken table lamp, and a shoe at officers.
Police arrested Tate in North Carolina. That’s where he will make his first court appearance.
NEWS RELEASE: An Indiana man has been arrested on felony and misdemeanor charges, including assaulting law enforcement, related to his actions during the breach of the U.S. Capitol on Jan. 6 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.
“Curtis Logan Tate, 32, of Jeffersonville, Indiana, is charged in a criminal complaint filed in the District of Columbia with civil disorder, assaulting, resisting, or impeding certain officers using a deadly or dangerous weapon, and destruction of government property. In addition to the felonies, Tate is charged with several misdemeanor offenses, including entering or remaining in any restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, engaging in physical violence in a restricted building or grounds, disorderly conduct in the Capitol grounds or buildings, and engaging in an act of physical violence in the grounds or any of the Capitol buildings.
“According to court documents, on Jan. 6, 2021, Tate attended a rally in Washington, D.C., and afterward made his way toward the U.S. Capitol building. A review of open-source video, body-work camera footage, and closed-circuit video showed Tate present at various locations in Washington, D.C., and in the restricted area of the U.S. Capitol grounds, including in the Lower West Terrace tunnel.
“At approximately 2:05 p.m., Tate is seen in body-worn camera videos from Metropolitan Police Department Officers (MPD) near the Lower West Terrace as he used a metal baton to strike an MPD officer in the hand. In response, an MPD officer sprayed Tate with pepper spray and can be heard warning another that Tate was wielding a baton. Tate later uploaded a video to a social media site depicting himself near Lower West Terrace holding a metal baton, which appears to be the same baton used to strike the MPD officer, with the caption: “POST 1ST MACING.’ During the video, Tate yelled “We’re tearing this motherfucker down!”
At approximately 2:43 p.m., Tate was outside the entrance to the Lower West Terrace tunnel. He arrived minutes after the area was first breached and entered the tunnel closely behind the initial group of rioters. Tate is later seen on Capitol CCTV footage inside the tunnel holding his cell phone above his head, consistent with using the phone to record video. At about 2:57 p.m., Tate is how inside the tunnel brandishing the metal baton above his head and charging towards the line of police officers protecting the entrance to the Capitol building. Tate then repeatedly struck a U.S. Capitol Police (USCP) officer in the helmet with the metal baton. In response, a USCP officer pepper sprayed Tate, and he retreated.
“Later, at about 4:28, p.m., Tate is seen on publicly available video through a black speaker box and breaking a window located to the left of the tunnel entrance. Tate then threw a black speaker box and shoe struck MPD officers. Shortly after the above assaults, Tate is shown in publicly available receiving a broken table leg with a protruding screw through a broken window in the Capitol building. The window was the same window damaged by Tate earlier with the speaker box and now completely broke as a result of damage caused by Tate and others.
“Tate is shown in multiple publicly available videos and photographs taken by a photojournalist, navigating through the crowd and carrying the broken table leg toward the entrance to the tunnel. At approximately 4:34 p.m., Tate is shown in publicly available video throwing the broken table leg at police officers who were protecting the tunnel entrance.
“Later, at approximately 4:38 p.m., Tate is shown in publicly available assisting others carry a piece of lumber toward the entrance to the tunnel, and, at abut 5:01 p.m., Tate is shown in multiple publicly available videos throwing a floor lamp at police officers at near the tunnel.”
“Tate later gave an interview to a media outlet, in which he stated, ‘I would never hurt an officer. I come from a military background. I’m very respectful of our military and police… I know I didn’t hurt anybody… I’m not speaking her bold as brass, because you never know what can happen… but I’ve never, ever once hurt, or put my hands on an officer… I never did it. So, I’m not going to live the rest of my life in fear.’
“This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Southern District of Indiana, as well as the U.S. Attorney’s Office for the Eastern District of North Carolina.
“The case is being investigated by the FBI’s Indianapolis and Washington Field Officers, which identified Tate as BOLO (Be on the Lookout) #119 on its seeking information photos. Valuable assistance provided by FBI Charlotte, U.S. Capitol Police, and the Metropolitan Police Department.
“In the 31 months since Jan. 6, 2021, more than 1,106 individuals haven arrested in nearly 50 states for crimes related to the breach of the U.S. Capitol, including more than 350 individuals charged with assaulting or impeding law enforcement.
August 15, 2023: United States Attorney’s Office District of Columbia posted a press release titled: “Indiana Man Arrested for Assaulting Law Enforcement During Jan. 6 Capitol Breach”
Defendant Assaulted Police on West Terrace and in Tunnel with Baton and Thrown Object
An Indiana man has been arrested on felony and misdemeanor charges, including assaulting law enforcement, related to his actions during the breach of the U.S. Capitol on Jan. 6 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.
Curtis Logan Tate, 32, of Jeffersonville, Indiana, is charged in a criminal complaint filed in the District of Columbia with civil disorder, assaulting, resisting, or impeding certain officers using a deadly or dangerous weapon, and destruction of government property. In addition to the felonies, Tate is charged with several misdemeanor offenses, including entering or remaining in any restricted building or grounds, disorderly and disruptive conduct in a restricted building grounds, engaging in physical violence in a restricted building or grounds, engaging in physical violence in a restricted building or grounds, disorderly conduct in the Capitol grounds or buildings, and engaging in a fact of physical violence in the grounds or any of the Capitol buildings.
Tate was arrested on Aug. 24, 2023, by the FBI in Wilmington, North Carolina, and will make his initial appearance in the Eastern District of North Carolina.
According to court documents, on Jan. 6, 2021, Tate attended a rally in Washington, D.C., and afterward made his way toward the U.S. Capitol building. A review of open-source video, body-worn camera footage, and closed-circuit video shows Tate at various locations in Washington, D.C., and in the restricted area of the U.S Capitol grounds, including in the Lower West Terrace tunnel.
At approximately 2:05 p.m., Tate is seen in body-warn camera videos from Metropolitan Police Department Officers (MPD) near the Lower West Terrace as he used a metal baton to strike an MPD officer in the hand. In response, an MPD officer sprayed Tate with pepper spray and can be heard warning another officer that Tate was wielding a baton. Tate later uploaded a video to a social media site depicting himself near the Lower West Terrace holding a metal baton, which appears to be the same baton used to strike the MPD officer, with the caption: “POST 1ST MACING.” During the video, Tate yelled, “We’re tearing this motherfucker down!”
At approximately 2:43 p.m., Tate was outside the entrance to the Lower West Terrace tunnel. He arrived minutes after the area was first breached and entered the tunnel closely behind the initial group of rioters. Tate is later seen on Capitol CCTV footage inside the tunnel holding his cell phone above this head, consistent with using the phone to record video. At about 2:57 p.m., Tate is shown inside the tunnel brandishing the metal baton above his head and charging towards the line of police officers protecting the entrance to the Capitol building. Tate then repeatedly struck a U.S. Capitol Police (USCP) officer in the helmet with the metal baton. In response, a USCP officer pepper sprayed Tate, and he retreated.
Later, at about 4:28 p.m., Tate is seen on publicly available video throwing a black speaker box and breaking a window locked to the left of the tunnel entrance. Tate then threw a black speaker box and a shoe at police officers protecting the entrance to the tunnel. The speaker box and shoe structure MPD officers. Shortly after the above assaults, Tate is shown in publicly available video receiving a broken table leg with a protruding screw through a broken window in the Capitol building. The window was the same window damaged by Tate earlier with the speaker box and now was completely broken as a result of damage caused by Tate and others.
Tate is shown in multiple publicly available videos and photographs taken by a photojournalist, navigating through the crowd and carrying the broken table leg toward the entrance to the tunnel. At approximately 4:34 p.m., Tate is shown in publicly available video throwing the broken table leg at police officers who were protecting the tunnel.
Later, at approximately 4:38 p.m., Tate is shown in publicly available video assisting others carry a piece of lumber toward the entrance to the tunnel, and, about 5:01 p.m., Tate is shown in multiple publicity available videos throwing a floor lamp at police officers near the tunnel.
Tate later gave an interview to a media outlet, in which he states, “I would never hurt an officer. I come from a military background. I’m very respectful of our military and police… I know I didn’t hurt anybody … I’m not speaking here bold as brass, because you never know what can happen…but I’ve never, ever once hurt, or put my hands on an officer… I never did it. So, I’m not going to live the rest of my life in fear.”
This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Southern District of Indiana, as well as the U.S. Attorney’s Office for the Eastern District of North Carolina.
This case is being investigated by the FBI’s Indianapolis and Washington Field Offices, which identified Tate as BOLO (Be on the Lookout) #119 on its seeking information photos. Valuable assistance provided by FBI Charlotte, U.S. Capitol Police, and the Metropolitan Police Department.
In the 31 months since Jan. 6, 2021, more than 1,106 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than then 350 individuals charged with assaulting or impeding law enforcement.
Behymer and Moss
March 16, 2023: WISHTV.com reported: “Indiana Couple arrested for actions during Jan. 6 Capitol Breach” It was written by Jay Adkins and Richard Essex.
An Indiana couple were arrested today on felony and misdemeanor charges for their action during the U.S. Capitol breach on Jan. 6, 2021.
Arthur Rehyer and Jessica Rehyer, both 38, of Brownsburg, Indiana, were arrested Wednesday morning after being charged with civil disorder, a felony, and related misdemeanor offenses.
According to documents filed in federal court by the U.S. district attorney for the District of Columbia, the Reyhers were among the first group of rioters to enter the tunnel of the Capitol building on Jan. 6, 2021.
As the couple entered the tunnel the first time around 2:46 p.m., Arthur Reheyr held both of his hands in the air as he and other rioters yelled “our house!” while assisting other rioters in attempting to push past the officers in the tunnel.
Around 2:50 p.m., the Reyhers and other rioters started coordinated pushes against the officers, the documents say. At 2:52 p.m., the Reyhers exited the tunnel as the officers progressed forward against the rioters.
Investigators say that, once outside, Arthur Reyher was part of another attempt to push police out of the tunnel. He was heard on video yelling to another rioter, “Don’t hit ’em. Keep your hands up and push.”
According to court documents, at 3:01 p.m., 11 minutes after the Rehyers were first spotted on camera, they are again spotted attempting to re-enter the tunnel. This time, they and other rioters exit the tunnel after being sprayed with a chemical irritant.
At 3:04 p.m., the Rehyers returned to the tunnel and pushed the way to the front of the rioters. The Reyhers and rioters once again pushed their body weight in unison against the officers. Rioters used police riot shields and police riot batons to combat the officer.
A chemical irritant was sprayed inside the tunnel at 3:05 p.m., and the Reyhers covered their faces and exited the tunnel for a second time but stayed near the tunnel’s archway.
At 3:08 p.m., video footage captured Arthur Reyher yelling, “push!’ and patting rioters on the back as they entered the tunnel.
A rioter came out of the tunnel and yelled, “we are almost through!” while Arthur Reyher exclaimed “push!” and “our house!” Another rioter turned to the Reyhers and said, “hey, guys, are you going in or not?”
Rioters passed riot shields to the front of the tunnel and yelled “shield wall!” to make a shield wall and assault officers.
One officer in the scrim screamed in pain as the weight of the rioters’ pushes pinned him between a shield and a door.
At 3:17 p.m., the Reyhers exited the tunnel and again helped rioters push against the officer line. The pushing continued until officers successfully pushed the rioters from the tunnel.
Rehyers were released without bond and told to report to the U.S. Probation Office.
In January 2021, the FBI received anonymous tips from witnesses that the Reyhers were involved in the breach. Law enforcement interviewed Arthur Reyher, who confessed that he and Jessica Reyher were at the Capitol on Jan. 6, 2021. Rehyer says he believed President Donald Trump lost the election due to voter fraud.
Witnesses positively identified the Rehyers from images taken during the Jan. 6 breach.
In the 26 months since the Jan. 6 breach, more than 999 people have been arrested in nearly all 50 states for crimes related to the breach, with 320 of those people charged with assaulting or impeding law enforcement.
October 3, 2024: The Republic reported: “Two Bartholomew County residents plead guilty in Jan. 6 case” It was written by Andy East.
Two Bartholomew County men have pleaded guilty to assaulting enforcement officers during the Jan. 6, 2021, attack on the U.S. Capitol, bringing the total number of local residents who have pleaded guilty to participating in the failed insurrection to three.
James Link Behymer of Hope and Donald Lee Moss of Elizabethtown pleaded guilty to one count of assaulting, resisting or impeding an officer during the U.S. Capitol attack, according to filings in U.S. District Court in Washington, D.C.
The offense carries a maximum sentence of eight years in prison, a $250,000 fine and up to three years of supervised release, according to court records.
U.S. District Judge Tanya S. Chutkan — who also is presiding over the criminal case against former President Donald Trump over his alleged efforts to overturn the results of the 2020 election — scheduled a sentencing hearing for Feb. 13.
Behymer and Moss were realized on personal recognizance following a change-of-plea hearing on Thursday.
The guilty pleas come about two months after the two local residents signed plea agreements with federal prosecutors in which they agreed to plead guilty to one of several criminal charges. Behymer had originally been charged with six criminal offenses, while Moss had been charged with seven criminal offenses.
In the agreement, Behymer and Moss acknowledged being part of a group of “angry and violent” pro-Trump rioters who surrounded and assaulted DC police as part of an effort to halt the certification of President Joe Biden’s victory in the 2020 election.
They also agreed to allow law enforcement officials to review their social media accounts and posts in an around Jan. 6, 2021, and interview them regarding the events in and around the U.S. Capitol attack prior to sentencing.
Based on the two men not having any prior felony convictions and that “the parties agree that (they) used violence or credible threats of violence in connection with the offense.” federal prosecutors calculated their sentencing guidelines to be 24 to 30 months in prison and a $10,000 to 95,000 fine, according to court records.
Federal prosecutors allege that Behymer and Moss were part of a group of “angry and violent rioters” who descended upon and assaulted D.C. Metropolitan police officers near the lower west terrace of the U.S. Capitol who were attempting to keep them from breaching the building on Jan. 6, 2021.
Federal authorities said in the complaint they were able to identify the two Bartholomew Count men through cellphone records — including a cellphone number with an 812 area code that connected to a cell site that provided service inside the U.S. Capitol during the insurrection — as well as a witness described as a “longtime associate of Moss and Behymer” who identified the two defendants after being shown still images.
Federal prosecutors also included images the claim are of the two men that were taken from officers’ body cameras and third-party footage.
The complaint alleges that Moss and Behymer shoved officer’s arms away from them as the group of rioters “surged toward the surrounded MPD officers and began violently assaulting the officers.” The complain further alleges that Behymer struck an officer in the wrist and later attempted to pry a baton out of an an officer’s hand while stating, “Now I’m being soft, but I do want this pole.”
Moss, who at one point shouted, “This is our (expletive) house” while pointing at the Capitol, allegedly struck an officer’s arm and baton and forcefully pushed another police officer from behind during the attack, the complaint states.
The two Bartholomew County men made their way through the crowd and entered the U.S. Capitol and entered the Crypt, a vaulted space located underneath the Capitol Rotunda. They later exited through the Capitol Rotunda. They later exited the Capitol but reentered after rioters broke through a barricade set up by Capitol police at the Senate Wing doors.
After reentering, they returned to the Crypt and moved a sign that had been placed on a statue outside the Crypt’s entrance and put it on another statue before taking pictures of it, according to the complaint. On one side, the sign included the initials of the Chinese Communist Party with a circle and red line through it, while “America First” and “Never give up, never surrender” were written on the other side.
When the two men left the area, Moss took the sign with him and was allegedly captured in video footage carrying the sign inside the Capitol, as well as outside the building.
October 4, 2024: United States Attorney’s Office posted: “Indiana Men Plead Guilty to Assaulting Law Enforcement During Jan. 6 Capitol Breach”
Two men from Indiana pleaded guilty on Oct. 3, 2024, to assaulting law enforcement during the Jan. 6, 2021, breach of the U.S. Capitol. Their actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.
Donald Lee Moss, 62, of Elizabethtown, Indiana, and James Link Behymer, 61, of Hope, Indiana, each pleaded guilty to one count of assaulting, resisting, or impeding certain officers before U.S. District Judge Tanya S. Chutkan. The two men will be sentenced on Feb. 13, 2025.
According to court documents, at about 2:00 p.m., on Jan. 6, 2021, in Washington D.C., a group of Metropolitan Police (MPD) officers, wearing riot gear, walked toward the Lower West Terrace of the U.S. Capitol building as angry and violent rioters descended on, and surrounded, the officers and began shouting obscenities and curses at them.
The surrounded officers repeatedly issued commands to “move back.” They also began to move rioters away from their positions with their hands and batons. At approximately 2:01 p.m., Behymer approached the MPD officers with his friend, Donald Lee Moss. An MPD officer then extended his hand toward Behymer and said, “Sir, step back for your own safety.” Other officers directed Behymer and Moss to move back, but they did not. Behymer raised his right arm with a closed fist and repeatedly shouted: “USA! USA! USA!” At the same time, Moss points toward the U.S. Capitol building and shouted, “This is our f— house!”
At 2:01 p.m., an MPD officer extended their hand, attempting to keep Behymer back. Behymer then swung his fist down, striking the officer’s wrist. A few seconds later, the MPD officer placed their right hand on Behymer to keep him back; however, Behymer swung his left fist downward and struck the officer’s arm a second time while Moss forcibly shoved the officer’s hand off Behymer.
Behymer continued to shout, “USA! USA! USA!” and Moss told the officer to “Get your f— hand off him!” as the mob constricted the officers movements and pushed into them. Some members of the mob threw objects, including a traffic cone, at the officers. Admist the chaos, rioters screamed: “F — You! F–Nazis!,” “Go back to the Gestapo training camp!” “You’re the traitors! and “You wanna take us all on?!” Shortly after striking the officer’s arm, Moss leaned in and forcefully pushed another MPD officer from behind.
At approximately 2:02 p.m., Behymer was at the front of the rioters physically pressed into the officers. A rioter shouted at police: “Y’all surrounded.” Behymer then grabbed an officers hand and baton while the officer attempted to keep Behymer away. At approximately 2:03 p.m., Behymer re-engaged with police — again grabbing an officer’s baton.
Ten minutes after assaulting and opposing officers on the Lower West Terrace, at approximately 2:13 p.m., Behymer and Moss entered the U.S. Capitol building through the Senate Wing doors. At approximately 2:21 p.m., Moss stood at a shattered window and waived other rioters towards the Capitol building, encouraging them to enter the building. The two men then made their way towards the Crypt and the hallway linking toward the Senate Wing Doors. At about 2:31 p.m., Moss carried a chair across the Crypt lobby and placed it directly in the path of the retractable ceiling door to prevent the door from closing.
Moss and Behymer exited the Capitol at approximately 2:41 and 2:43 p.m., respectively. At about 2:48 p.m., rioters broke through a barricade set up by Capitol Police at the Senate Wing doors. Roughly two minutes later, Behymer and Moss re-entered the Capitol again via the Senate Wing doors and walked toward the Crypt before exiting at 3:44 p.m.
The U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’ Counterterrorism Section are prosecuting this case. The U.S. Attorney’s Office for the Southern District of Indiana provided valuable assistance.
The FBI’s Indianapolis and Washington Field Offices are investigating this case. Moss was listed as BOLO (Be on the Lookout) #401 on the FBI’s website. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.
In the 44 months since January 6, 2021, more than 1,504 individuals have been charged in nearly 50 states for crimes related to the breach of the U.S. Capitol, including more than 560 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.
October 2024: Behymer and his alleged accomplice, Donald Moss, pleaded guilty to assaulting law enforcement officers during the Capitol breach.
According to an arrest complaint, the pair are accused of physically confronting police officers on the Lower West Terrace of the U.S. Capitol building as law enforcement ordered the mob to “move back.”
Behymer is seen on body camera footage grabbing an officers’s baton and pushing other law enforcement official’s hands away.
Behymer and Moss each pleaded guilty to assaulting, resisting, or impeding an officer.
They are scheduled to be sentenced in February 2025.
