Editor’s Note: This is a weekly roundup of results from cases related to the seditious conspiracy that led to the insurrection and attempted coup on Jan. 6, 2021 when Trump refused to concede his loss in the 2020 election and incited followers to violence in Washington to try to keep him in power. We are committed to creating a definitive archive of those involved in this clear case of domestic terrorism inspired by the president and commander of chief himself while still sitting in the White House.
Staff Report –
WASHINGTON, D.C. — As former fluke president Donald Trump faces criminal charges and civil lawsuits for his crimes against nature and the Constitution even as he says he’s running for president again, his right-wing, domestic terrorist followers continue to face justice in the federal courts for their actions attacking the United States Capitol on Jan. 6, 2021 and attempting to stop the peaceful transfer of power.
According to press releases from the U.S. Department of Justice, in the past week six more defendants were found guilty of their role in disrupting a joint session of Congress called to certify the electoral college votes in the 2020 presidential election, and another was arrested after illegally firing a weapon at FBI agents attempting to arrest him.
In the 27 months since that violent, disturbing day, more than 1,000 individuals have been arrested on charges related to the Capitol breach, including more than 320 individuals charged with assaulting or impeding law enforcement officers. The investigation remains ongoing.
Maryland Man Convicted of All Charges for Actions During Capitol Breach
A Maryland man was convicted of felony and misdemeanor charges in federal court in the District of Columbia for his actions during the breach of the U.S. Capitol in Washington, D.C, on Jan. 6, 2021.
Christopher Alberts, 35, of Maryland, was found guilty of six felonies: civil disorder, assaulting, resisting or impeding law enforcement officers, disorderly conduct with a dangerous weapon, entering and remaining on restricted grounds with a deadly or dangerous weapon, possessing a firearm on Capitol grounds, and possession of a firearm without a D.C. license. He was also convicted on three related misdemeanor charges: an act of physical violence in the Capitol grounds or buildings, disorderly conduct in a Capitol building and engaging in violence in a restricted building or grounds, according to the press release.
U.S. District Court Judge Christopher R. Cooper scheduled a sentencing hearing for July 19, 2023 following the verdict in a trial in D.C.
According to the government’s evidence, Alberts arrived at the Capitol on Jan. 6, 2021 wearing a body armor vest containing metal plates, a two-way radio with a throat mic, and a military backpack containing eight bungee cords, a flashlight, a ski mask, a meal-ready-to-eat kit, a first aid kit, military trousers, and a pocket knife. Alberts carried in a holster a 9 millimeter pistol loaded with 12 rounds of ammunition and an additional bullet in the chamber. Alberts also wore a separate holster containing another 12 rounds of ammunition. The ammunition included “hollow point” bullets.
Evidence at trial showed that Alberts arrived at the Capitol grounds at or near the time of the first breach of the Peace Circle at 12:57 p.m. and traveled through multiple bike rack barriers, past snow fencing and “area closed” signs. Separating other rioters from outmanned U.S. Capitol Police Officers at around 1:05 p.m., Alberts told the rioters, “we’ll get them soon.” Alberts donned a gas mask at around 1:20 p.m.
At 1:48 p.m., Alberts ascended a metal bike rack to reach a banister of the Northwest Steps leading to the Capitol’s Upper West Terrace. Six minutes later, protected by his gas mask and body armor, Alberts grabbed an officer and then charged up the staircase holding a wooden pallet, making physical contact with the U.S. Capitol Police Officers defending the steps. He was the first rioter to reach a middle landing of the Northwest Steps.
Although his ascent to the Upper West Terrace was briefly stopped, Alberts was one of the first 15 rioters to reach the Upper West Terrace level at around 2:10 p.m. Other rioters nearby soon broke into the Capitol Building, but Alberts was sidelined for 30 to 45 minutes as the pepper spray used by officers on the steps began to seep into his gas mask.
Alberts then spent over two hours just steps from the Capitol Building, berating Metropolitan Police Department officers as “treasonous” and “communists,” alleging that the officers broke their oaths, and complaining that they were preventing him and his fellow rioters from doing their “duty to overthrow the government and reinstate a new government for the people.” Alberts yelled at them, “y’all wanted the war. You asked for it. Y’all got it.”
Alberts remained on Capitol Grounds over three more hours, continuing to yell at National Guard troops and uniformed officers from various jurisdictions. At 7:22 p.m., while finally clearing the Capitol Grounds of rioters, an officer observed a bulge on Alberts’s right hip, and Alberts was found to be in possession of the loaded firearm and arrested.
Disorderly conduct and entering and remaining on restricted grounds with a deadly or dangerous weapon each carry a statutory maximum of 10 years in prison. Assaulting, resisting or impeding law enforcement officers carries a statutory maximum of 8 years in prison. The civil disorder charge, carrying a firearm on Capitol grounds, and carrying a firearm without a D.C. license each carry a statutory maximum of 5 years in prison.
The charges also carry potential financial penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by the U.S Attorney’s Office for the District of Columbia. The case is being investigated by the FBI’s Washington Field Office. Valuable assistance was provided by the U.S. Capitol Police Department, the Metropolitan Police Department, and the U.S. Secret Service.
Two Virginia Natives Sentenced on Felony Charges For Actions During Capitol Breach
Two men from Virginia were sentenced in the District of Columbia on felony and misdemeanor charges for their actions during the breach of the Capitol.
Luke Bender, 22, of Stafford, Virginia, and Landon Mitchell, 32, formerly of Arlington, Virginia now living in Texas, were sentenced to 21 months and 27 months, respectively, for obstruction of an official proceeding and five related misdemeanor charges.
Judge Beryl A. Howell, who presided over the stipulated trial and returned the verdict on December 7, 2022, also ordered 36 months of supervised release and $2,000 restitution, for each defendant, according to the press release.
According to the stipulated facts, on Jan. 6, 2021, Bender and Mitchell illegally entered the Capitol grounds, climbing scaffolding that had been erected for the inauguration. At about 2:45 p.m., they entered the Capitol Building through the Upper West Terrace Door.
They proceeded through the Rotunda, down the East Front Corridor, through the Ohio Clock Corridor, down a hall, and into the Senate Chamber. They entered the Senate Floor at approximately 3:04 p.m. While on the Senate Floor, they reviewed documents sitting on tables. They also took “selfies” from the Senate floor, and each posed for pictures at the Senate dais.
At approximately 3:08 p.m., U.S. Capitol Police officers directed the rioters to leave the Chamber. Bender and Mitchell exited the building at about 3:10 p.m.
Both defendants later posted messages on social media boasting of their actions. On Jan. 7, 2021, for example, Mitchell posted, and Bender re-posted, an image of a skull surrounded by red smoke, with the caption, “Absolutely proud of my fellow Americans who made their voices heard at the Capitol.”
Bender was arrested on July 29, 2021, in Fairfax, Virginia. Mitchell was arrested on Oct. 20, 2021, in Arlington, Virginia.
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. The case was investigated by the FBI’s Washington Field Office. Valuable assistance was provided by the Metropolitan Police Department and the U.S. Capitol Police.
Mother and Son Found Guilty of Charges For Actions During Capitol Breach
A mother and son from Tennessee have been found guilty on felony charges for their actions during the breach of the U.S. Capitol.
Eric Gavelek Munchel, 32, of Nashville, Tennessee, and Lisa Marie Eisenhart, 59, of Woodstock, Georgia, were found guilty following a stipulated bench trial before U.S. District Court Judge Royce C. Lamberth, according to the press release.
A sentencing hearing is scheduled for September 8, 2023.
The two were found guilty of conspiracy to commit obstruction and obstruction of an official proceeding, both felonies, as well as entering and remaining in a gallery of Congress, disorderly and disruptive conduct in a Capitol building, and parading, demonstrating, or picketing in a Capitol building.
Munchel alone was found guilty of two additional felonies, disorderly or disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon, and unauthorized possession of a deadly or dangerous weapon on Capitol grounds.
According to evidence presented to the court and facts admitted by the defendants, Munchel and Eisenhart entered the U.S. Capitol on Jan. 6, 2021 to disrupt Congress’s certification of the 2020 presidential election. As they approached the Capitol building, they saw other rioters fighting with police and encouraged them to do so.
They experienced police wearing body armor and using chemical irritants and gas to repel rioters like themselves, but they were not deterred. Instead, even though they were aware their actions were unlawful, they pushed forward, past police lines, and entered the Capitol building.
Once inside, they penetrated all the way to the Senate Gallery. Photos and video captured Munchel and Eisenhart wearing tactical vests and carrying plastic zip tie-style handcuffs that they stole from a closet inside the Capitol. Additionally, Munchel had a Taser holstered on his right hip.
While inside the Senate and carrying the stolen restraints, Munchel and Eisenhart wondered aloud where the “traitors” and “cowards”—meaning the Senators—had gone. Later, both Munchel and Eisenhart gave statements to a reporter in which they acknowledged that their actions were intended to intimidate Congress.
These cases are being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Counterterrorism Section of the DOJ’s National Security Division, with assistance from the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Attorney’s Office for the Middle District of Tennessee, and the U.S. Attorney’s Office for the Middle District of Florida. The cases were investigated by the FBI’s Washington Field Office, the FBI’s Nashville Field Office, the FBI’s Memphis Field Office, and the United States Capitol Police.
Capitol Breach Defendant Charged in Texas After Firing Handgun Towards Law Enforcement
A United States Capitol breach defendant who allegedly fired several shots towards law enforcement days before his first court appearance has been charged with a federal firearm crime, announced Leigha Simonton, U.S. attorney for the Northern District of Texas.
Nathan Donald Pelham, 40, of Greenville, Texas, was charged via criminal complaint by the U.S. Attorney’s Office for the Northern District of Texas with being a felon in possession of a firearm. He made his initial appearance before U.S. Magistrate Judge Toliver on Wednesday, April 19, according to the press release.
On Tuesday, April 11, Mr. Pelham was charged by the U.S. Attorney’s Office for the District of Columbia with four misdemeanor counts stemming from his alleged participation in the January 6th breach of the U.S. Capitol building.
On Wednesday, April 12, 2023, an FBI agent informed Pelham he had been charged by federal prosecutors in DC and instructed him to self-surrender the following Monday, April 17. He agreed to do so.
That evening, the Hunt County Sheriff’s Office initiated a welfare check at Pelham’s residence in response to a call from a relative, who advised deputies that Pelham had a gun. When they arrived, the house was dark. Deputies activated their emergency lights, and Pelham’s minor daughter exited the home. For her safety, she was placed into a HCSO patrol car. Shortly thereafter, deputies they heard gunshots emanating from the residence and took cover.
About an hour later, at approximately 9:38 p.m., Pelham – a previously convicted felon – walked onto the porch and allegedly fired towards several deputies, who could be heard on body-worn camera video noting bullets “whiz” by them. A deputy instructed Pelham to put his gun down, but he continued to wave it until re-entering his home. At 10:46 p.m., Pelham again exited the residence and fired multiple rounds.
Law enforcement departed at 12:21 a.m. without any injuries.
A subsequent search of Pelham’s home revealed a Smith & Wesson 9mm pistol and four boxes of ammunition, as well as several 9mm sized holes in the walls.
If convicted, he faces up to 15 years in federal prison on the felony gun charge and three years on the misdemeanor charges. He has been ordered detained pending trial in both cases.
The Federal Bureau of Investigation’s Dallas Field Office and the Hunt County Sheriff’s Office conducted the investigation into the firearm incident. Assistant U.S. Attorney Douglas Brasher of the Northern District of Texas is prosecuting the firearms case with the help of Special Counsel Brendan Ballou.
California Man Found Guilty of Felony Charges Related to Capitol Breach
A California man was found guilty in the District of Columbia of felony charges for his actions during the January 6, 2021, Capitol breach.
Sean Michael McHugh, 35, of Auburn, California, was found guilty, following a stipulated bench trial, of obstruction and assaulting, impeding, or interfering with law enforcement officers, according to the press release.
U.S. District Court Judge John D. Bates scheduled a sentencing hearing for September 7, 2023.
According to evidence presented in court, McHugh was on the Lower West Terrace on the afternoon of January 6 where he was captured on video footage and audio assaulting multiple U.S. Capitol Police (USCP) officers. McHugh is captured on video carrying a cannister of bear spray in a holster on his hip and discharging the bear spray into a line of USCP officers.
Metropolitan Police Department body worn camera video and audio captures McHugh yelling at officers, among other things, “You’re protecting communists!”; “There is a Second Amendment behind us, what are you going to do then?”; and “You ain’t holding the line!”
At approximately 1:40 p.m., McHugh, along with other rioters, pushed a large metal sign into a line of uniformed police officers while McHugh yelled into his megaphone, “Put it up there! Put it up there!”
The 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 Eastern District of California. The case is being investigated by the FBI’s Washington Field Office, as well as the Metropolitan Police Department, with significant assistance provided by the FBI’s Sacramento Field Office.
In the 27 months since January 6, more than 1,000 individuals have been arrested on charges related to the Jan. 6 Capitol breach, including more than 320 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
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