Category: Law

Source: United States Department of Justice (2022)

The Justice Department issued the following statement from Attorney General Merrick B. Garland following the Supreme Court’s decision in Haaland v. Brackeen:

“The Justice Department is committed to honoring Tribal sovereignty and protecting Indian children and families. For nearly 45 years, the Indian Child Welfare Act has helped protect Tribal children from being unnecessarily separated from their parents, extended family, and Tribal communities. 

I am pleased that today’s Supreme Court decision in Haaland v. Brackeen rejected this challenge to the Indian Child Welfare Act. The Justice Department vigorously defended the statute before the Supreme Court and will continue to support the Indian Child Welfare Act and do everything in our power to protect Tribal communities and affirm Tribal sovereignty.”

Source: United States Department of Justice

            WASHINGTON -Two men from Virginia have been arrested on felony and misdemeanor charges 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.

            Peter Willey, 37, of Roanoke, Virginia, and Ethan Mauck, 31, of Troutville, Virginia, are charged in a criminal complaint filed in the District of Columbia with a felony offense of obstruction of law enforcement during civil disorder. In addition to the felony, Willey and Mauck are charged with misdemeanor offenses of entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, and disorderly conduct in a Capitol building or grounds.

            Willey and Mauck were arrested today in Roanoke, Virginia, and will make their initial appearance in the Western District of Virginia.

            According to court documents, on Jan. 6, 2021, Willey and Mauck attended the “Stop the Steal” Rally on the National Mall and afterward marched through Washington, D.C., toward the U.S. Capitol building. In open-source video and photographs, Willey and Mauck are seen entering the restricted grounds of the Capitol and advancing toward bike rack barricades and the police line on the Lower West Plaza. Here, a violent struggle ensued between the rioters and law enforcement, and law enforcement officials deployed pepper spray to disperse the crowd as they attempted to re-establish a police line and barricade. Mauck is seen in an open-source video in distress as he rubs his eyes, consistent with having been struck by pepper spray.

            At the Lower West Plaza, as seen on open-source footage, the mob of rioters violently confronted the officers standing guard in the police line. The bike racks became displaced, and a struggle ensued. During the struggle, Mauck picked up a downed police bike rack and shoved it toward an officer dressed in riot gear.

            On the Lower West Plaza, at approximately 1:40 p.m., Willey and other rioters began to move a large sign on wheels with a metal frame towards the police line and barricade, using it as a battering ram against the law enforcement officers attempting to hold the line. As the large sign passed over Willey’s head, Willey placed his hands on the billboard’s frame and pushed it toward the police line. As the officers gained control of the large metal sign, Willey is seen blocking his face with his arms and running away from an officer who deployed pepper spray at the rioters, including Willey.

            At about 2:50 p.m., Willey and Mauck are seen entering the Lower West Terrace tunnel, where rioters struggled and fought with police for several hours on January 6th. Closed-circuit television (CCTV) footage inside the tunnel depicted rioters, including Mauck and Willey, actively pushing against the police line in unison, known as a “heave-ho.” At approximately 2:55 p.m., Willey grabbed ahold of two police shields from another rioter and passed it forward, further into the tunnel, and toward the rioters near the police line. At approximately 2:58 p.m., Mauck, standing at the mouth of the tunnel, gained control of a large, black speaker and handed it off to the rioters in the tunnel. Ultimately, that speaker was thrown at the police line by other rioters.

            Both Willey and Mauck exited the tunnel at approximately 3:04 p.m. Both men are later seen in the crowd outside the tunnel shortly after this incident, watching as other rioters forcibly dragged the two law enforcement officers into the mob.

            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 Western District of Virginia.

            This case is being investigated by the FBI’s Washington Field Office, which identified Willey as BOLO (Be on the Lookout) #84 on its seeking information photos. Valuable assistance was provided by the 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 350 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.

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

Source: United States Department of Justice

            WASHINGTON – An Ohio man was sentenced in the District of Columbia today on five offenses, including a felony, committed during the Jan. 6, 2021, breach of the U.S. Capitol. 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.

            Alexander Sheppard, 24, of Powell, Ohio, was sentenced by U.S. District Court Judge John D. Bates to serve 19 months in prison and 24 months of supervised release. Sheppard also was ordered to pay $3,170 in restitution and fines.

            Sheppard was found guilty in January of obstruction of an official proceeding, a felony, entering and remaining in a restricted grounds or building, 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.

            Sheppard originally had been scheduled to be sentenced on April 26, 2023. Sheppard had claimed the siege of the U.S. Capitol was a “false flag” operation planned by or involving the government, “federal agitators,” and Antifa.

            According to evidence introduced at trial, Sheppard was among the first rioters to enter the Capitol on Jan. 6, 2021, and joined others in overrunning multiple police lines established to stop the mob’s spread. Inside the Crypt, he and fellow rioters were captured on video as they pushed through a police line designed to prevent the mob from moving towards the House Chamber where members of Congress were present. He then recorded a video of himself proudly proclaiming: “I’m here with some goddamn heroes, and we just shut down Congress! They called an emergency session, they said we’re too scared, they’ve shut down Congress. Let’s fucking go!”

            Additional video showed Sheppard running to the Speaker’s Lobby doors and screaming at the U.S. Capitol Police officers who stood guard there while House members and staff prepared to evacuate behind them. Sheppard captured video of fleeing members of congress and looked on as other rioters violently punched out the windows of the doors— just inches away from the officers’ heads. Sheppard left only after witnessing another rioter get shot by law enforcement after attempting to climb through the broken windows of the same doors.

            In the days following the breach, Sheppard posted threatening statements on social media directed towards the Vice President. On Jan. 9, 2021, Sheppard posted on Parler, “[w]e shouldn’t hang Mike Pence. Firing squad!”

            FBI agents arrested Sheppard on Feb. 22, 2021, in Columbus, Ohio.  

            This case was investigated by the FBI’s Cincinnati and Washington Field Offices. Police from Columbus provided cooperation and assistance in the investigation. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            The case was prosecuted by the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by U.S. Attorney’s Office for the Southern District of Ohio.

            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 350 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 – The former national chairman of the Proud Boys was sentenced today for seditious conspiracy and other charges related to 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 that was in the process of ascertaining and counting the electoral votes related to the 2020 presidential election. 

            Henry “Enrique” Tarrio, 39, of Miami, Florida, was sentenced to 22 years in prison and 36 months of supervised release by U.S. District Judge Timothy J. Kelly. His is the longest sentence, to date, related to the January 6 attack on the Capitol.

            “On January 6th, 2021, the United States Capitol was attacked, 140 law enforcement officers defending those inside were assaulted, and the peaceful transfer of power to a newly elected government – a cornerstone of our democracy – was interrupted,” said Attorney General Merrick B. Garland. “The Justice Department proved in court that the Proud Boys played a central role in setting the January 6th attack on our Capitol into motion. Over the past week, four members of the Proud Boys received sentences that reflect the danger their crimes pose to our democracy. Today, the leader of the Proud Boys, Enrique Tarrio, learned that the consequence of conspiring to oppose by force the lawful transfer of presidential power is 22 years in federal prison.”

            “Today’s sentencing demonstrates that those who attempted to undermine the workings of American democracy will be held criminally accountable,” said FBI Director Christopher Wray. “The FBI will always protect those who peacefully exercise their First Amendment rights. But we will never condone the actions of those who break our laws, and we will continue to work with federal prosecutors to ensure those perpetrators are held responsible.”

            “No organization put more boots on the ground at the Capitol on January 6, 2021, than the Proud Boys, and they were at the forefront of every major breach of the Capitol’s defenses, leading the on-the-ground efforts to storm the seat of government,” said U.S. Attorney for the District of Columbia Matthew M. Graves. “The leaders of the Proud Boys and the leaders of the Oath Keepers, who conspired before, during, and after the siege of the Capitol to use force against their own government to prevent the peaceful transfer of power, have now been held accountable.” 

            “Today’s significant sentence of Enrique Tarrio is a result of extensive work from multiple FBI field offices across the country,” said David Sundberg, Assistant Director in Charge of the FBI Washington Field Office. “The 22 years-long sentence for his numerous crimes, including seditious conspiracy, is a clear sign that the FBI will work as long as it takes to uphold the Constitution and our oath to the American people. The FBI and our partners will continue to hold accountable those who engaged in violence and criminal activity on January 6, 2021, at the U.S. Capitol.”

            On May 4, 2023, a jury found Tarrio and three other co-defendants guilty of multiple felonies, including seditious conspiracy, for their actions before and during the breach of the U.S. Capitol on January 6th.

            Previously sentenced in this matter were co-defendants Ethan Nordean, Joseph Biggs, Zachary Rehl, and Dominic Pezzola. Nordean was sentenced to 18 years in prison, Biggs was sentenced to 17 years, Rehl was sentenced to 15 years, and Pezzola was sentenced to 10 years.

            According to court documents and evidence presented during the trial, prior to the events of Jan. 6, 2021, Tarrio created a special chapter of the Proud Boys known as the “Ministry of Self-Defense,” which included co-defendants Nordean, Biggs, and Rehl. As part of this group, these defendants conspired to prevent, hinder, and delay the certification of the Electoral College vote and to oppose by force the authority of the government of the United States.

            In the days leading to January 6th, Tarrio and other leaders of the Ministry of Self-Defense hand-selected members of the organization, including co-defendant Dominic Pezzola, to serve as “rally boys” during the attack on the Capitol. To prepare for the attack, Tarrio and the other leaders established a chain of command, chose a time and place for their attack, and intentionally recruited others who would follow their top-down leadership and who were prepared to engage in physical violence if necessary.

            On January 6th, the group began their assault that day at 10:00 a.m. when Nordean, Biggs, Rehl, and others marched an assembled group of nearly 200 individuals away from speeches at the Ellipse and directly toward the Capitol. At 2:11 p.m., Pezzola smashed open a window, allowing the first rioters to enter the Capitol as Biggs and those with him entered close behind. Court documents say that Nordean, Biggs, Rehl, and the men they recruited and led participated in every consequential breach at the Capitol that day.

            As the events of January 6th unfolded, Tarrio, who was monitoring the attack from afar, posted encouraging messages to his tens of thousands of social media followers, including: “Proud of my boys and my country” and “Don’t f****** leave.” Tarrio privately claimed credit for the riot at the Capitol, telling Proud Boys senior leadership, “Make no mistake . . . we did this.” On January 7th, Tarrio addressed the Ministry of Self-Defense members, telling them he was “proud of y’all.”

            During the hearing, U.S. District Judge Timothy J. Kelly found that Tarrio’s conduct constituted an official act of terrorism and applied an enhancement to his final sentence.

            This case was prosecuted by the U.S. Attorney’s Office for the District of Columbia, the Department of Justice National Security Division’s Counterterrorism Section, and the Department of Justice Criminal Division’s Organized Crime and Gang Section.

            This case was investigated by the FBI’s Washington Field Office. The charges in the investigation are the result of significant cooperation between agents and staff across numerous FBI Field Offices and law enforcement agencies.

            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 350 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

Defendants Part of Military Stack Formation That Marched up the Steps of the Capitol Building

            WASHINGTON – Four members of the Oath Keepers were sentenced this week for their roles in 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 that was in the process of ascertaining and counting the electoral votes related to the 2020 presidential election. 

            Connie Meggs, 60, of Dunnellon, Florida, was sentenced to 15 months in prison and 36 months of supervised release.

            William Isaacs, 23, of Kissimmee, Florida, and Sandra, 63, and Bennie Parker, 72, both of Morrow, Ohio, were each sentenced to 60 months of probation.

            In March of 2023, a federal jury convicted Meggs, Isaacs, and both Parkers of conspiring to obstruct an official proceeding, a felony. Sandra Parker, Meggs, Steele, and Isaacs were also convicted of obstruction of an official proceeding, conspiring to prevent an officer of the United States from discharging a duty and destruction of government property, all felonies.

            According to court documents and evidence presented during the trial, on the afternoon of January 6, when it became clear that Congress was going forward with the certification of the 2020 presidential election, the five defendants donned paramilitary gear and clothing and marched with other Oath Keeper members and affiliates to the United States Capitol. When the group arrived on the Capitol grounds, a leader of the group—Kelly Meggs—announced that they were going inside the Capitol to try to stop the vote count. In response, defendants Sandra Parker, Connie Meggs, and William Isaacs joined hands on the shoulder with eight other members of their group and moved, in a coordinated and calculated fashion, up the steps of the Capitol in a military “stack” formation.

            At the top of the steps, the group joined the mob of other rioters who had overcome officers guarding the door. Once inside, the group split up. Half the group, including Connie Meggs, headed toward the House of Representatives. The other half of the group—including Sandra Parker and Isaacs, joined rioters who were trying to push their way through a line of Metropolitan Police Department officers guarding a hallway that led to the Senate Chamber. The officers were forced to deploy chemical spray to hold back the mob. Defendants Sandra Parker and Isaacs then retreated, regrouped, exited the Capitol, and met up with the other Oath Keepers.

            Meanwhile, Defendant Bennie Parker had waited outside the Capitol, where he explained to a foreign journalist that the riot was the result of American anger over the “stolen” election and ominously warned that “it will come to a civil war” and that many Americans were “willing to take up arms.” Bennie and Sandra Parker were among those Americans, having brought their firearms from Ohio for the events of January 6 at the direction of Ohio Oath Keepers leader Jessica Watkins

            Connie Meggs and her husband, Kelly Meggs, traveled from Florida to a hotel in Arlington, Virginia, with several weapons that were later deposited at the hotel.

            On January 6th, Oath Keepers leader Elmer Stewart Rhodes III, who was convicted in an earlier trial of seditious conspiracy and related charges, sent a message on an encrypted group chat announcing that Vice President Michael R. Pence would not intercede to stop Congress’ certification of the electoral college vote, and so “patriots” were taking matters into their own hands. Moments later, a group of Oath Keepers, including these five defendants, began their march toward the Capitol.

            The case was prosecuted by the U.S. Attorney’s Office for the District of Columbia with assistance provided by the Justice Department’s National Security Division. Valuable assistance was provided by U.S. Attorney’s Offices throughout the country.

            The case was investigated by the FBI’s Washington Field Office, Cincinnati Field Office, Charlotte Field Office, Jacksonville Field Office, and Tampa Field. Valuable assistance was provided by the 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 350 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 Colorado 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.

           Todd Branden Casey, 53, of Denver, Colorado, is charged in a criminal complaint filed in the District of Columbia with felony offenses of civil disorder and assaulting, resisting, or impeding certain officers. In addition to the felonies, Casey is charged with misdemeanor offenses of entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, engaging in physical violence in a restricted building or grounds, impeding passage through the capitol grounds or buildings, and act of physical violence in the capitol grounds or buildings.

           Casey was arrested on Aug. 30, 2023, in Georgetown, Colorado, and made his initial appearance in the District of Colorado.

           According to court documents, by approximately 2:00 p.m. on Jan. 6, 2021, a police line was set up on the West Plaza on Capitol grounds in an effort to protect the U.S. Capitol from advancing rioters. Metal barriers composed of bike racks were set up to act as barriers between the officers and the rioters. According to police body-worn camera footage, an individual, later identified as Casey, approached a Metropolitan Police Department (MPD)  officer at about 2:11 p.m., shouting, “F*** you. F*** all of you. F*** all of you.”

           At 2:12 p.m., Casey slammed his hands against the metal barriers and began to taunt officers by shouting, “Take that swing at me, m*****f*****. Take that swing. I ain’t afraid. What are you saying? Speak up!” and “I would have come locked and loaded if I knew this was happening!”

           At approximately 2:27 p.m., Casey appeared to give orders to the other rioters by stating, “Now! Push it! Push it!” Seconds later, other rioters in the area responded to Casey’s encouragement by baiting and cursing at the officers while aggressively kicking the metal barriers in order to knock them down. Minutes later, Casey shoved an MPD officer in the chest.

           At approximately 2:34 p.m., numerous rioters breached the West Plaza and began to swarm law enforcement officers. Many rioters surrounded an MPD officer, and Casey grabbed ahold of the MPD officer by the shoulder.. Once Casey grabbed hold of the officer, he appeared to shove the officer toward the Capitol building until a Capitol Police officer was able to pull the MPD officer away from Casey.

           By 3:00 p.m., Casey was in the vicinity of an archway connecting the inaugural stage to a corridor that provided access to the interior of the Capitol building known as the Lower West Terrace Tunnel or “the tunnel.” Police officers had formed a line inside the tunnel, attempting to keep rioters from advancing further into the Capitol building. Casey entered the tunnel at least three separate times.

           At about 3:12 p.m., Casey pushed in a rocking motion with others in the tunnel against the established police line. Casey was then expelled from the tunnel by police at approximately 3:18 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 Offices for the District of Wyoming and the District of Colorado. 

           This case is being investigated by the FBI’s Denver and Washington Field Offices, which identified Casey as BOLO (Be on the Lookout) #125 on its seeking information photos. Valuable assistance was provided by the 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 350 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.

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

Source: United States Department of Justice

Defendants Participated in the Armed Kidnapping and Carjacking of two Victims in the 4400 Block of F Street S.E., Washington, D.C

            WASHINGTON – An indictment, unsealed today, filed today in U.S. District Court, charges six people with kidnapping and carjacking, announced U.S. Attorney Matthew M. Graves and Special Agent in Charge Wayne Jacobs, with the FBI Washington Field Office’s Criminal and Cyber Division.

            Desmond Evans, 18, Ramel Henderson, 19, Kevon Jackson, 23, Delonte Mundaray, 28, Marquette Jackson, 23, and Malik Terrell, 21, all of the Washington, D.C. metropolitan area are each charged with two counts of aiding and abetting kidnapping and one count of aiding and abetting carjacking. Melvin Green, 24, also of the Washington, D.C. metropolitan area is charged with being an accessory after the fact to these offenses.

            According to the indictment, on June 9, 2023, the defendants kidnapped Victim 1. and did willfully transport the victim from the District of Columbia to Maryland. The indictment further alleges that the six defendants kidnapped Victim 2 on that same date. The defendants are also charged with carjacking a black Mercedes SUV from Victim 1 by force, violence and intimidation, with the intent to cause death and serious bodily harm during the kidnappings. Green is charged with assisting Mundaray in connection with the offenses.

            The kidnapping charge carries a statutory maximum sentence of life in prison. The carjacking charge carries a statutory maximum sentence of 15 years in prison. The charge of accessory after the fact carries a statutory maximum sentence of 15 years in prison. The charges also carry potential financial penalties. The maximum statutory sentence for federal offenses is prescribed by Congress and is provided here for informational purposes. The sentencing will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

            This case is being investigated by the FBI’s Washington Field Office’s Violent Crimes Task Force and Safe Streets Task Force, the Charles County Sheriff’s Office, the Metropolitan Police Department and the U.S. Attorney’s Office for the District of Maryland. It is being prosecuted by Assistant U.S. Attorneys Alicia Long and Thomas Strong, of the Violence Reduction and Trafficking Offenses section of the U.S. Attorney’s Office for the District of Columbia.

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