Category: Law

Source: United States Department of Justice

            WASHINGTON – A Kentucky man pleaded guilty today to assaulting law enforcement 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.

            Clayton Ray Mullins, 54, of Magnolia, Kentucky, pleaded guilty in the District of Columbia to a felony offense of assaulting, resisting, or impeding certain officers before U.S. District Judge Rudolph Contreras. Judge Contreras scheduled Mullins to be sentenced on Jan. 17, 2024.

            According to court documents, on Jan. 6, 2021, Mullins attended the “Stop the Steal” rally in Washington, D.C., and afterward joined a crowd walking from the Ellipse to the U.S. Capitol building. Mullins arrived on the West Lawn, between the Capitol and the Capitol Reflecting Pool, and then walked up to the West Plaza, joining hundreds of other rioters. Here, Mullins and his fellow rioters encountered a line of police officers behind a barricade fence. From 2:07 p.m. through approximately 2:28 p.m., Mullins was actively involved with others in pushing against the barricade and the officers in order to advance closer to the Capitol Building. At approximately 2:28 p.m., the rioters prevailed and took over the West Plaza, and the police officers fell back.

            By approximately 4:16 p.m., Mullins had made his way to the Lower West Terrace Archway and began waving other rioters forward to join the press of people pushing to gain access to the Capitol building through the Archway. Mullins then entered the Lower West Terrace Tunnel and joined other rioters attempting to push their way through the Tunnel and into the Capitol building. At about 4:21 p.m., officers inside the Tunnel had pushed the rioters, including Mullins, out and back to the mouth of the Archway. Police officers then established a line at the Archway.

            After exiting the Tunnel, court documents say that Mullins was positioned on the Capitol steps below the Archway. Mullins then leaned over a handrail and made multiple attempts to grab the leg of a Metropolitan Police Department (MPD) officer, who had been knocked to the ground. Eventually, Mullins succeeded, secured his grip on the officer’s leg, and violently pulled on it for at least 16 seconds. Ultimately, the officer was dragged down the steps, where he was further attacked by additional rioters.

            After this attack, another MPD officer who had just been assaulted and dragged down the Capitol steps attempted to climb back up the steps to rejoin the other officers in the Archway.

            As the officer did this, Mullins and a co-defendant pushed the officer back down the steps and into the crowd.

            A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

            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 Western District of Kentucky.

            The case was investigated by the FBI’s Washington and Louisville Field Offices, which identified Mullins as BOLO (Be on the Lookout) #131 on its seeking information photos. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 32 months since Jan. 6, 2021, more than 1,146 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 398 individuals charged with assaulting or impeding law enforcement.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Source: United States Department of Justice

            WASHINGTON – Two Illinois men were sentenced to prison on Wednesday, Sept. 6, 2023, after they both pleaded guilty to a felony charge related to their actions during the breach of the U.S. Capitol on Jan. 6, 2021. 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.

            Daniel Leyden, 55, of Chicago, Illinois, was sentenced by U.S. District Judge Trevor N. McFadden to 38 months in prison and 12 months of supervised release. His brother Joseph Leyden, 56, of La Grange, Illinois, was sentenced to six months in prison and 12 months of supervised release by Judge McFadden. Both Leydens pleaded guilty to one count of assaulting, resisting, or impeding law enforcement officers on May 24, 2023.

            According to court documents, Daniel and Joseph Leyden were among the rioters who were illegally on the Capitol grounds on Jan. 6, 2021. Shortly after 12:50 p.m., Daniel Leyden was at the front of the crowd that confronted law enforcement officers at metal barricades near the Peace Circle. Daniel Leyden and other rioters repeatedly lifted and pushed a metal barricade into the U.S. Capitol Police officers defending the line. Daniel Leyden’s actions caused a U.S. Capitol Police officer to fall backward, injuring the officer’s knee and pinning the officer under the barricade.

            At the same time, several other officers were also assaulted by the rioters with the barricade, including one who was knocked unconscious and suffered a concussion. Daniel Leyden’s actions contributed to injuries that these officers sustained and prevented officers from defending themselves and providing aid to one another. Daniel Leyden and other rioters then swarmed past the police.

            Joseph Leyden was among rioters at the West Plaza at the Capitol, where at approximately 1:14 p.m., rioters began to pull other metal barriers into the crowd, compromising the ability of law enforcement officers to re-establish a perimeter. Joseph Leyden advanced and rushed towards an officer with the Metropolitan Police Department. He then lunged at and pushed the officer.

            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 Northern District of Illinois.

            This case was investigated by the FBI’s Chicago Field Office and the FBI’s Washington Field Office, which identified Daniel Leyden as #438 and Joseph Leyden as #386 on its seeking information photos. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 32 months since Jan. 6, 2021, more than 1,146 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 398 individuals charged with assaulting or impeding law enforcement.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Source: United States Department of Justice

            WASHINGTON — A Wisconsin 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.

            Joseph Cattani, 40, of Colgate, Wisconsin, is charged in a criminal complaint filed in the District of Columbia with civil disorder and assaulting, resisting, or impeding certain officers, both felony offenses. In addition to the felonies, Cattani is charged with several misdemeanor offenses, including entering and remaining in a restricted building or grounds, disorderly conduct in a Capitol building, and parading, picketing, and demonstrating in a Capitol building.

            Cattani was arrested today in St. Francis, Wisconsin, and made his initial appearance in the Eastern District of Wisconsin.

            According to court documents, video footage from Jan. 6, 2021, depicts an individual, later identified as Cattani, wearing a black winter jacket with a gray hooded sweatshirt underneath, holding a black camera with what appears to be a telephoto lens, with a backpack or camera bag slung across the shoulder, as among the crowd of rioters at the Capitol that day.

            Open-source video depicts Cattani at the Rotunda doors to the Capitol building as he uses his right hand to grab the face shield of a U.S. Capitol Police (UCSP) officer. Video footage shows Cattani pulling the face shield up and down as the officer’s head twists and turns. The video then shows Cattani pushing his way into the Capitol building.

            Closed circuit surveillance video depicts Cattani inside the Capitol for approximately 18 minutes. Video footage depicts Cattani entering the Capitol through the Rotunda Doors at approximately 2:38 p.m., and he then made his way up the Gallery Stairs and to the area outside the Senate Gallery. Cattani traveled to other areas of the Capitol building as well, including the area outside the Office of the Majority Whip and the area outside the Senate chamber. He exited the building at approximately 2:56 p.m.

            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 Eastern District of Wisconsin.

            This case is being investigated by the FBI’s Milwaukee and Washington Field Offices, which identified Cattani as BOLO (Be on the Lookout) #350 on its seeking information photos. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 32 months since Jan. 6, 2021, more than 1,146 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 398 individuals charged with assaulting or impeding law enforcement.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Source: United States Department of Justice

            WASHINGTON – A California man was sentenced in the District of Columbia today on two felony charges 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.

            Sean Michael McHugh, 36, of Auburn, California, was sentenced by U.S. District Judge John D. Bates to 78 months in prison and 36 months of supervised release. Judge Bates also ordered McHugh to pay $2,000 restitution and a $5,000 fine.  McHugh was found guilty of obstruction and assaulting, impeding, or interfering with law enforcement officers following a stipulated bench trial before Judge Bates in April 2023.

            According to court documents and the stipulated evidence presented in court, prior to his arrival in Washington, D.C., on Jan. 6, 2021, McHugh told others that he was going to Washington, D.C., to “fight” and “storm Congress.” He brought a canister of bear spray with him to Washington, D.C., and he carried it in a holster for ready access. The bear spray is 50 percent stronger than the pepper spray used by police. Before the riot, McHugh urged others to “march on Congress directly after Trump’s speech.”

            McHugh was part of the initial breach of the Capitol grounds at the Peace Circle. Once he arrived at the Capitol, McHugh actively participated in at least four attempts to breach perimeters established by officers during the riot. He was one of the initial rioters to breach a police line and enter the West Plaza. Afterward, McHugh wrestled with an officer for control of a barricade protecting access to the Capitol and assaulted a line of U.S. Capitol Police (USCP) officers on the West Plaza, hitting them with his bear spray, causing the officers to back away from the line, and preventing them from performing their official duties. Finally, McHugh helped other rioters to push a large metal sign into officers. In between these acts of aggression, McHugh used his megaphone to encourage other rioters to act against law enforcement.

            After the riot, McHugh posted multiple messages on Facebook bragging about his actions during the riot and reveling in the violence against police, boasting, “…we stormed them and we took Congress”

            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 Eastern District of California.

            This case was 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 32 months since Jan. 6, 2021, more than 1,146 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 398 individuals charged with assaulting or impeding law enforcement.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Source: United States Department of Justice

            WASHINGTON – Former White House advisor Peter K. Navarro, 72, of Washington, D.C., was found guilty today by a U.S. District Court jury of two counts of contempt of Congress stemming from his failure to comply with a subpoena issued by the United States House Select Committee to Investigate the January 6th Attack on the United States Capitol.

            The announcement was made by U.S. Attorney Matthew M. Graves of the District of Columbia and Assistant Director in Charge David Sundberg, of the FBI’s Washington Field Office. A sentencing hearing is scheduled for Jan. 12, 2024.

            According to evidence presented at trial, on Feb. 9, 2022, the Select Committee issued a subpoena to Navarro. The subpoena required him to appear and produce documents to the Select Committee on Feb. 23, 2022, and to appear for a deposition before the Select Committee on March 2, 2022. Navarro refused to appear to give testimony as required by subpoena and refused to produce documents in compliance with a subpoena.

            In its subpoena, the Select Committee said it had reason to believe that Navarro had information relevant to its investigation. Navarro, formerly an advisor to the President on various trade and manufacturing policies, has been a private citizen since departing the White House on Jan. 20, 2021. He was indicted June 2, 2022.

            Each count of contempt of Congress carries a minimum of 30 days and a maximum of one year in jail, as well as a fine of up to $100,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

            The case is being investigated by the FBI’s Washington Field Office. It is being prosecuted by the Fraud, Public Corruption, and Civil Rights Section of the U.S. Attorney’s Office for the District of Columbia. It was tried by Assistant United States Attorneys Elizabeth Aloi and John Crabb Jr., supported by Paralegal Specialist Sonalika Chaturvedi.

Source: United States Department of Justice

            WASHINGTON – An 18-count indictment, filed today in the United States District Court for the District of Columbia, charges Shamell Naquan Joyner, 35, of the District of Columbia, with offenses arising out of an armed carjacking and six armed Hobbs Act robberies allegedly committed between April 12 and May 2, 2023. The indictment was announced by U.S. Attorney Matthew M. Graves, Special Agent in Charge Wayne Jacobs, of the FBI Washington Field Office’s Criminal and Cyber Division, and Acting Chief Pamela Smith, of the Metropolitan Police Department (MPD).

            According to the indictment, on April 12, 2023, Joyner committed an armed Hobbs Act robbery at the Falcon Fuel gas station and convenience store, located at 1301 13th Street Northwest, stealing money and personal property from the business and two employees while holding them at gunpoint. Joyner also is alleged to have discharged his firearm at two store employees during this robbery, neither of whom was wounded. (The government’s evidence connects this armed robbery to an April 17 armed robbery of an Alexandria, Virginia, 7-Eleven, in which Joyner is also alleged to have discharged his firearm. A store employee working at the time of the Alexandria robbery sustained a non–life threatening gunshot wound to his leg.)

            One day after the Falcon Fuel robbery, on April 13, Joyner is alleged to have carjacked a man at gunpoint in the Mount Vernon Triangle neighborhood. Joyner allegedly stole the man’s Honda HR-V and drove it across state lines into Virginia. The government’s evidence shows that Joyner used that car to commit subsequent armed robbery offenses, including an April 15, 2023, armed robbery of the 7-Eleven store at 1100 Vermont Avenue Northwest, in which an employee was held at gunpoint.

            On April 30, 2023, Joyner is alleged to have robbed the 7-Eleven store at 7401 Georgia Avenue Northwest and an employee, again at gunpoint. Joyner allegedly robbed another two stores at gunpoint the next day, including the 7‑Eleven store at 1325 2nd Street Northeast and the 721 Shop & Run and an employee at 721 H Street Northeast.

            Finally, on May 2, 2023, Joyner is alleged to have robbed the 7-Eleven store at 1645 Connecticut Avenue Northwest and an employee, also at gunpoint. Joyner then allegedly committed additional armed robberies in Maryland, including a 7-Eleven store in Montgomery County and an Exxon gas station and employee in Anne Arundel County. During the Exxon robbery, Joyner is alleged to have held the Exxon employee at gunpoint and robbed him of the keys to his Toyota RAV4, which Joyner then stole and drove across state lines into the District of Columbia. 

            Later that day, in the 400 block of Condon Terrace SE, the Metropolitan Police Department found Joyner in the stolen RAV4’s driver’s seat and arrested him without incident. At the time of his arrest, Joyner was in possession of the firearm used in the armed robberies committed between April 30 and May 2, as well as unique clothing and other evidence that tied him to numerous offenses.

            Joyner has been detained since his May 2, 2023, arrest.

            “These alleged crimes left numerous victims, store employees, and witnesses terrorized,” said U.S. Attorney Graves.  “Those who are driving these pattern and spree robberies in our community need to know that they will be caught and prosecuted to the fullest extent of the law.”

            The indictment charges Joyner with 18 counts: six counts of interference with commerce by robbery (also known as “Hobbs Act” robbery), which carries a maximum of 20 years in prison; one count of carjacking, which carries a maximum sentence of 15 years in prison; seven related counts of using, carrying, and possessing a firearm during and in relation to a crime of violence, which carries a mandatory minimum sentence of up to 10 years in prison and a maximum sentence of life in prison; two counts of interstate transportation of a stolen motor vehicle, which carries a maximum sentence of 10 years in prison; and two counts of unlawful possession of a firearm and/or ammunition, which carries a maximum sentence of 15 years in prison. Under the indictment, Joyner faces a mandatory minimum of 52 years in prison. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentence imposed in this case will be determined by a federal district court judge after considering applicable sentencing guidelines and other statutory factors.

            This case is being investigated by the FBI’s Washington Field Office’s Violent Crime Task Force and the Metropolitan Police Department’s Carjacking Task Force. Valuable assistance was provided by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Alexandria City, Anne Arundel County, Fairfax County, and Prince George’s County Police Departments. The case is being prosecuted by Assistant United States Attorneys Paul V. Courtney and Justin F. Song of the U.S. Attorney’s Office for the District of Columbia.

            The investigation into these offenses and potentially related armed robberies of commercial establishments located in the District of Columbia, Maryland, and Virginia remains ongoing.  Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

            An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.