Category: Legal Issues

Source: United States Attorneys General 4

Defendant Attacked Victim When She Stopped for Gas

            WASHINGTON – Andrew Patrick, 38, of Washington, D.C., was convicted by a Superior Court jury of all charges including: armed carjacking, possession of a firearm during a crime of violence, felon in possession, carrying a pistol without a license, possession of an unregistered firearm, and unlawful possession of ammunition. The verdict was announced by U.S. Attorney Matthew M. Graves and Acting Chief Pamela Smith, of the Metropolitan Police Department (MPD). The Honorable Judge Lynn Leibovitz scheduled sentencing for December 1, 2023, at 9:30am.

            According to the government’s evidence, on September 22, 2022, the victim took her 2005 blue Chevy Suburban to the Good Hope Road gas station in Washington, DC. The defendant, dressed in a black jacket with white stripes and a hoodie, a red bandana, blue jeans, and grey New Balance sneakers, approached the victim and demanded her car keys while he holding her at gunpoint. The victim begged Patrick not to hurt her. Patrick pushed her up against her own vehicle, took her keys, and drove away in the victim’s car. The victim called 911 and gave officers a description of her assailant and his black and grey firearm. Later that day, a license plate reader detected the tags of the blue Chevy Suburban on North Capitol NE and Benning Road NE. Officers located and apprehended the vehicle, which was being driven by the defendant. The defendant told officers that he received the vehicle from a man with a black hoodie. Upon arresting Patrick, officers discovered a black and grey Glock 37 in a red floral satchel on the front passenger floorboard.

            In announcing the verdict, U.S. Attorney Graves and Acting Chief Smith commended the work of those who investigated the case from the Metropolitan Police Department. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office including: Paralegal Specialist Renee Prather, Victim/Witness Advocate Christie Bloodworth, and Litigation Technology Specialist Charlie Bruce. 

            Finally, they commended the work of Assistant U.S. Attorneys Gregory J. Evans and Omeed A. Assefi, who investigated, prosecuted, and tried the case.

Source: United States Attorneys General 4

            WASHINGTON – A Wisconsin man has been arrested on felony and misdemeanor charges, including destruction of property, for his actions during the breach of the U.S. Capitol on Jan. 6, 2021. He and others helped to disrupt a joint session of the U.S. Congress convened to count the electoral votes of the 2020 presidential election.

            Charles R. Walters, 37, of Sparta, Wisconsin, is charged in a criminal complaint filed in the District of Columbia with one felony offense of destruction of government property.  In addition to the felony, Walters is charged with several misdemeanors, including entering or remaining in any restricted building or grounds, disorderly or disruptive conduct in a restricted building or grounds, and disorderly conduct in the Capitol grounds or buildings, and parading, demonstrating, or picketing in a Capitol building.

            Walters was arrested today in Wisconsin and will make his initial appearance in the Western District of Wisconsin.

            According to court documents, on Jan. 6, 2021, Walters was identified via multiple open-source videos and body-worn camera footage from U.S. Capitol police officers as among a crowd of rioters on the West Front of the U.S. Capitol building. Here, Walters destroyed fencing near a police line by kicking and stomping on it. Afterward, Walters climbed the inaugural stage risers and made entry into the Capitol building wearing a helmet and ballistic-style vest in a stack formation with other rioters.  He remained on Capitol grounds until forced to leave by police as darkness was falling.

            This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia.  Valuable assistance was provided by the U.S. Attorney’s Office for the Western District of Wisconsin.

            This case is being investigated by the FBI’s Milwaukee and Washington Field Offices.  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 1,100 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 396 individuals charged with assaulting or impeding law enforcement, a felony.  The investigation remains ongoing.

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fib.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 Attorneys General 4

            WASHINGTON – A Florida man has been arrested on felony and misdemeanor charges for his actions during the breach of the U.S. Capitol on Jan. 6, 2021. He and others helped to disrupt a joint session of the U.S. Congress convened to count the electoral votes of the 2020 presidential election.

            Ryan K. Yates, 37, of Holiday, Florida, is charged in a criminal complaint filed in the District of Columbia with the felony offense of civil disorder. In addition to the felony, Yates is charged with several misdemeanors, including entering or remaining in any restricted building or grounds, 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.

            Yates was arrested yesterday in Tampa and made his initial appearance today in the Middle District of Florida.

            According to court documents, law enforcement authorities determined that Yates had illegally entered the U.S. Capitol building on Jan. 6, 2021, and was among the crowd of rioters that day. Yates was determined to have been at the National Mall on January 6^th, wearing a blue and burgundy hoodie and a camouflage baseball cap with orange lettering saying, “Make America Great Again.”

            Yates entered the Capitol at about 2:17 p.m. via the Senate Wing Door. Once inside, Yates traveled down the Statuary Hall Connector and to the House side of the building, where he stood near a group of protesters, apparently typing on his phone, as they tried to break into the House floor. Yates further traveled to the Capitol Rotunda and Crypt.

            At approximately 3:20 p.m., Yates went to the interior Rotunda door, which connects the Rotunda to the east entrance of the Capitol. As rioters rushed from the outside to get into the Rotunda, Yates joined in the effort and made his way to the front of the rioters. Yates and the others then pushed against a police line to get inside the Rotunda before officers were able to close the doors, prohibiting a further advance. Surrounded by police inside the Rotunda, Yates was escorted out of the Capitol.

            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 Middle District of Florida.

            This case is being investigated by the FBI’s Tampa and Washington Field Offices. 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 1,100 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 396 individuals charged with assaulting or impeding law enforcement, a felony. The investigations are ongoing.

            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 Attorneys General 4

            WASHINGTON – Artie Byrd, 31, of Hyattsville, Maryland, was found guilty, today, of unlawful possession of a firearm by a convicted felon. The verdict, in the U.S. District Court for the District of Columbia, was announced by Matthew M. Graves, U.S. Attorney for the District of Columbia and Acting Chief Pamela Smith, of the Metropolitan Police Department (MPD). A sentencing hearing is scheduled for January 5, 2024.

            According to evidence presented at trial, on September 2, 2022, Byrd was driving southbound on Connecticut Avenue, while somewhat intoxicated, in a car bearing counterfeit Delaware tags. Two MPD officers observed Byrd’s driving and noticed the fake tags. When the officers attempted a traffic stop, Byrd fled, turning down a dead-end cul-de-sac and crashing his car into a bench in front of a house. Byrd bailed out of the car and ran between two houses into a back yard. After realizing he was trapped in by a series of fences and a retaining wall, Byrd eventually surrendered. Officers canvassed his flight path and found a loaded Smith & Wesson .40 caliber semi-automatic handgun loaded with 14 rounds in the magazine and one in the chamber. No one observed Byrd with the gun in his hand and no one saw him toss the gun, but DNA analysis tied him to the gun.

            Byrd faces a statutory maximum sentence of 15 years in prison, plus a period of supervised release. The court will determine the appropriate sentence after considering the guideline sentencing range and other relevant factors.       

            This case was investigated by the Metropolitan Police Department.

            The case was prosecuted by former Assistant U.S. Attorney Connor Mullin, and Assistant U.S. Attorney’s Josh Gold, Colin Cloherty, and Cameron Tepfer, of the U.S. Attorney’s Office for the District of Columbia.

Source: United States Attorneys General 4

            WASHINGTON – A Montana man and a Pennsylvania man were sentenced in the District of Columbia on Tuesday, Sept. 26, 2021, on several felony and misdemeanor charges, including assaulting law enforcement, related to their actions 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. 

            Craig Michael Bingert, 32, of Allentown, Pennsylvania, was sentenced to 96 months in prison, 36 months of supervised release, and ordered to pay $2,000 in restitution.

            Isaac Steve Sturgeon, 34, of Dillon, Montana, was sentenced to 72 months in prison, 36 months of supervised release, and ordered to pay $2,000 in restitution.

            U.S. District Court Judge Royce C. Lamberth sentenced both Bingert and Sturgeon. Judge Lamberth convicted the pair following a bench trial on May 24, 2023, of seven charges, including obstruction of an official proceeding; assaulting, resisting, or impeding certain officers; civil disorder, all felonies; 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; and engaging in an act of physical violence in the grounds or any of the Capitol buildings.

            According to evidence presented at trial and court documents, Bingert and Sturgeon traveled separately from their respective hometowns to Washington, D.C., to attend the “Stop the Steal” rally on Jan. 6, 2021, and later marched toward the U.S. Capitol building. Acting independently, the two made their way onto restricted grounds of the Capitol and joined the mob on the West Front, at the base of the inaugural stage. Soon, the mob reached its full strength, violently breaking down the police line and forcing the officers to retreat. After the officers were forced up the southwest stairs under the scaffolding, Bingert and Sturgeon followed only minutes later.

            The duo then climbed through the inaugural stage scaffolding, up the southwest stairs, and made their way to the front of the mob at the top of the stairs, where police had formed a line behind a row of bike racks being used as a barricade to defend the Capitol. At approximately 2:45 p.m., Bingert and Sturgeon stood side-by-side directly in front of the bike racks and police at the top of the southwest stairs.  The pair along with others, grabbed the metal bike rack in front of them and pushed it hard against the police, resulting in injury to at least one officer. Both men remained on the Upper West Terrace for at least two hours after this assault, watching the brutal attacks on the police occurring on the Lower West Terrace below them. They both remained on restricted grounds until they were forcibly removed by police.

            This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by the U.S. Attorney’s Offices for the Eastern District of Pennsylvania and the Eastern District of New York.

            The case is being investigated by the FBI’s Washington Field Office, which identified Bingert as AFO #105 and Sturgeon as AFO #104 on their seeking information photos. Valuable assistance was provided by the FBI’s Philadelphia and New York Field Offices, the Joint Terrorism Task Force Kenya, as well as the Metropolitan Police Department and the U.S. Capitol Police.

            In the 32 months since Jan. 6, 2021, more than 1,100 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 396 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

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

Source: United States Attorneys General 4

Defendant Possessed Firearms and Fentanyl with Child in Backseat of Vehicle

            WASHINGTON – John Michael Wilcox, 36, of Washington, D.C., pleaded guilty today to a federal firearms charge stemming from his possession of a loaded firearm on July 12, 2022, while driving a vehicle near Nationals Park, announced U.S. Attorney Matthew M. Graves and Chief Jessica M.E. Taylor, of the United States Park Police.

            Wilcox pleaded guilty in the United States District Court for the District of Columbia to one count of unlawful possession of a firearm and ammunition by a person convicted of a crime punishable by imprisonment for a term exceeding one year. Judge Dabney L. Friedrich scheduled a sentencing hearing for January 9, 2024. 

            According to court papers, on July 12, 2022, at approximately 10:00 p.m., Wilcox was driving a black SUV with an obstructed Florida dealer tag in violation of District of Columbia law. United States Park Police officers initiated a traffic stop of the vehicle at South Capitol Street and O Street SW, near Nationals Park. As officers approached the vehicle, Wilcox held a military identification card out of the driver’s side window that was determined not to belong to him. While interacting with Wilcox, an officer observed a clear plastic bag containing suspected narcotics protruding from Wilcox’s front shorts pocket. Officers recovered the plastic bag from Wilcox’s pocket, which contained numerous smaller bags, all containing a tan powder that was determined to be fentanyl. Officers also recovered a clear plastic bag, which contained a white, rock-like substance that was determined to be cocaine base. Officers searched the vehicle after removing an adult female from the front passenger seat and a child from the backseat. From the glove compartment, officers recovered a loaded .32 caliber pistol and plastic bags, which contained a pink powder substance determined to be additional fentanyl. Officers also recovered miscellaneous firearms parts from the vehicle, including a .32 caliber firearm slide, barrel, and spring, as well as an assault-style rifle with an obliterated serial number. During the search of the vehicle, Wilcox stated multiple times that everything in the car belonged to him.

            On May 17, 2023, following his indictment by a federal grand jury, Wilcox was arrested pursuant to a warrant issued by the United States District Court for the District of Columbia. He has remained in custody ever since.

            Federal law prohibits Wilcox from possessing a firearm because he has multiple convictions from the Commonwealth of Virginia for which he was sentenced to terms of imprisonment exceeding one year.

            Wilcox faces a maximum sentence of 15 years in prison and up to a $250,000 fine. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentence imposed in this case will be determined by the Court after considering the United States Sentencing Guidelines and other statutory factors.

            This case was investigated by the United States Park Police. Valuable assistance was provided by the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI).

            This case is being prosecuted by Special Assistant United States Attorney Richard Kelley and Assistant United States Attorney Paul V. Courtney.

Source: United States Attorneys General 4

While on Pretrial Release to Obtain Medical Treatment, Defendant Absconded and Was Arrested Later with Second Gun

            WASHINGTON – Shahid K. Randolph, 28, of Washington, D.C., was sentenced today to serve 51 months in prison on two federal firearms charges stemming from his possession of loaded handguns on October 21, 2020, and May 1, 2022, in the Anacostia and Washington Highlands neighborhoods of Southeast Washington.

            The announcement was made by U.S. Attorney Matthew M. Graves and Acting Chief Pamela Smith, of the Metropolitan Police Department (MPD).

            Randolph pleaded guilty on August 4, 2022, in the United States District Court for the District of Columbia, to two counts of unlawful possession of a firearm and ammunition by a person convicted of a crime punishable by imprisonment for a term exceeding one year.  Randolph subsequently attempted to withdraw his guilty plea but was not permitted to do so.  He was sentenced by the Honorable Timothy J. Kelly.  Following his prison term, Randolph will be placed on three years of supervised release.

            According to court papers, on October 21, 2020, while on routine patrol in the 1900 block of 19th Street Southeast, MPD officers observed Randolph smoking marijuana in the passenger seat of an idling vehicle with heavily tinted windows.  When officers approached the vehicle, Randolph leaned forward in an apparent effort to conceal something in his lap.  Officers opened the vehicle’s passenger door and recovered a loaded .40 caliber pistol from Randolph’s lap.  The firearm had been reported stolen.  Randolph was arrested, charged in federal court, and held without bond.  In July 2021, while the case was still pending, Randolph was released to home confinement to receive medical treatment in the community.  Randolph subsequently cut off his GPS monitor in late December 2021, failed to appear at a January 2022 court hearing, and was a loss of contact.  Then, on May 1, 2022, MPD officers were on routine patrol in the 800 block of Yuma Street Southeast when they observed Randolph attempt to obstruct their view of his waistband.  Officers approached Randolph, who grabbed his waistband and fled on foot.  Officers ultimately apprehended Randolph and recovered a loaded 9mm handgun in his flightpath.  That firearm had also been reported stolen.  Subsequent DNA analysis linked Randolph to the recovered gun.

            Randolph has remained in custody since his May 1, 2022, arrest.

            Federal law prohibits Randolph from possessing a firearm because, in 2012, he was convicted of carjacking in the Superior Court of the District of Columbia and sentenced to a term of seven years’ imprisonment.  In 2020, Randolph was convicted of unlawful possession of a firearm and ammunition by a person convicted of a crime punishable by imprisonment for a term exceeding one year in the United States District Court for the District of Columbia.  He was sentenced in that case by the Honorable Tanya S. Chutkan and was on supervised release at the time of the offenses for which he was sentenced today.  Judge Chutkan has scheduled a hearing to revoke Randolph’s supervised release for Monday, October 2, 2023.  The sentence imposed today will run consecutive to any sentence imposed by Judge Chutkan.

            In announcing the sentence, U.S. Attorney Graves and Acting Chief Smith commended the work of those who investigated the cases from the Metropolitan Police Department.  Valuable assistance was provided by the FBI.

            The case was prosecuted by Assistant United States Attorneys Paul V. Courtney and Madhu Chugh.

Source: United States Attorneys General 4

            WASHINGTON – A California man was sentenced in the District of Columbia today on two felony charges and one misdemeanor related to his actions 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.

            Edward Badalian, 29, of Panorama City, California, was sentenced by U.S. District Judge Amy Berman Jackson to 51 months in prison, 36 months of supervised release, and ordered to pay $2,000 in restitution and fines. Badalian was convicted of conspiracy, obstruction of an official proceeding, and entering and remaining in a restricted building following a bench trial before Judge Jackson on April 4, 2023. 

            According to the evidence presented at trial, in the fall of 2020, Badalian, co-defendant Daniel Rodriguez, and others created a Telegram group chat titled PATRIOTS45MAGA Gang. The group, initially created to bring together supporters of former President Trump in the lead-up to the 2020 Presidential election, became a forum for Badalian and Rodriguez’s plans for violence against the seat of the federal government. In the group, Badalian and Rodriguez wrote hundreds of messages about war, revolution, traitors, and tyrants.

            As early as the fall of 2020, after the results of the 2020 election came in, Badalian wrote in the Telegram group: “time to arrest biden lol” and the next day, making clear that he was calling for the use of violence, Badalian sent the group a photograph of an individual holding an assault rifle. He wrote, “stay strapped foo. its not a game anymore.” Days later, Badalian escalated from talk of arrests to calls for executions. On Nov. 9, 2020, Badalian wrote, “If theyre guilty of treason they should be executed,” adding, “Biden is definitely guilty of treason.”

            Badalian would later call for members of the group to prepare and train for potential violence. On Dec. 6, 2020, Badalian wrote, “we cant plot anyones demise,” but, he continued, “the way is to train and train and one day when were all together in training, the decision has to be made and executed spontaneously as to whom we arrest.” After the group made arrangements to travel from California to Washington, D.C., for the January 6th proceedings, Badalian called upon other members of the group to prepare for their trip by partaking in paintball training exercises. Badalian wrote in the group, “We need to know how to fight together while under fire.” When another group member asked, “what are you training for exactly?” Badalian didn’t hesitate: “a firefight with armed terrorists.

            On the morning of Jan. 6, 2021, Badalian and his group attended the Stop the Steal rally on the National Mall. After listening to the then-President’s speech, Badalian walked straight to the U.S. Capitol building. After illegally traversing the west front of the Capitol grounds, Badalian made his way to the Lower West Terrace. Here, Badalian cheered on rioters engaged in a heave-ho effort against police and then ascended a scaffolding overlooking the Upper West Terrace on the north side of the building. Once there, Badalian attempted to direct the crowd to the entrances on the Upper West Terrace.

            Badalian then entered the Capitol building via a broken window on the Lower West Terrace. Once inside the building, Badalian stood side-by-side with other rioters, including Rodriguez, as they ransacked offices, broke down doors, and broke windows. Badalian later left the building after being forced out by law enforcement.

            After the events of January 6th, Badalian took steps to hide the evidence of his actions that day. While driving back to California from Washington, D.C., Badalian and others in the group attempted to convince another individual to delete video and photographic evidence linking Badalian and others in the group to the events at the Capitol that day. Badalian and Rodriguez continued efforts to cover up their crimes in their Telegram group. Rodriguez directed members to abstain from posting “incriminating stuff.”  As part of his efforts to cover up his crimes, Badalian replaced his cell phone and cell phone number after returning from Washington, D.C

            The case was prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Justice Department’s National Security Division prosecuted the case, with valuable assistance provided by the U.S. Attorney’s Office for the Central District of California.

The FBI’s Los Angeles and Washington Field Offices investigated this case, with valuable assistance from the Metropolitan Police Department and U.S. Capitol Police.

            In the 32 months since Jan. 6, 2021, more than 1,100 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 396 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

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

Source: United States Attorneys General 4

Defendant Shot Victim as Victim was Leaving the Scene

            WASHINGTON – Dominic Copeland, 33, of Washington, D.C., was found guilty on September 21, 2023, of assault with intent to kill while armed, aggravated assault while armed, two counts of possession of a firearm during a crime of violence, and possession of a firearm by a convicted felon. The charges are in connection with a shooting that occurred on April 26, 2019, in the Truxton Circle area of Washington, D.C.

            The verdict was announced by U.S. Attorney Matthew M. Graves and Acting Chief Pamela Smith, of the Metropolitan Police Department (MPD).  A sentencing hearing is scheduled for November 29, 2023.  

            According to evidence presented at trial, the victim drove to a local fast-food restaurant after work to meet Copeland. He was then directed to follow Copeland’s car to the area of N Street and First Street NW. Once parked, the victim entered the back seat of the car Copeland was in and handed Copeland money. Copeland took the victim’s money and, after a dispute, told the victim to “take the loss like a champ.” The victim exited and returned to his own car and got in the driver’s seat. Copeland then exited the car he was in, pulled out a handgun, and shot at the victim multiple times. The victim began to drive away but was hit twice in the upper back and crashed into multiple parked cars before finally coming to a rest on the side of the street. MPD officers promptly responded to the scene and found that the victim was unable to physically move because one of the gunshot wounds temporarily paralyzed him. The victim promptly identified his shooter to police as “Dominic,” whom he knew from work and, up to that point, had considered a friend.   

            Police recovered six fired cartridge casings from the scene. Evidence showed that two bullets entered the victim’s upper back, one of which punctured his lung causing a severe medical emergency that the treating physician declared would have resulted in the victim’s death had he not received medical care. Doctors left the bullets inside the victim’s body after determining that it would cause even more injury to attempt to remove them. 

            U.S. Attorney Graves and Acting Chief Smith commended the work of those who investigated the case from the MPD. They also expressed appreciation for the assistance provided by the U.S. Marshals Service and acknowledged the efforts of all of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Rachel Forman, Seth Gilmore, Gregory Kimak, and Paul Courtney, Paralegal Specialist Debra McPherson, and Supervisory Paralegal Specialist Renee Prather.

            Finally, they commended the work of Assistant U.S. Attorneys Sam Danai and Richard Carlton, who investigated and prosecuted the case.

Source: United States Attorneys General 4

            WASHINGTON – A Tennessee man pleaded guilty today to one felony and one misdemeanor 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.

            Ronald Colton McAbee, 29, of Unionville, Tennessee, pleaded guilty to a felony charge of assaulting, resisting, or impeding an officer and a misdemeanor charge of act of physical violence on the Capitol grounds before U.S. District Court Judge Rudolph Contreras in the District of Columbia.

            Judge Contreras scheduled a sentencing hearing for Feb. 29, 2024, at 9:30 a.m. McAbee will proceed to trial on Oct. 2, 2023, on the other charges filed against him. McAbee was charged in a superseding indictment on Nov. 12, 2021, for his actions on January 6th. 

            According to court documents, on Jan. 6, 2021, after a crowd of rioters had breached barricades surrounding the Capitol, McAbee and others made their way to the Lower West Terrace Archway, where a group of Metropolitan Police Department (MPD) offices had formed a police line to prevent rioters from entering the building.

            At about 4:20 p.m., hundreds of individuals had gathered outside the Archway, some throwing and/or swinging various makeshift weapons at the group of law enforcement officers. At about 4:27 p.m., an MPD officer, who was positioned toward the opening of the Archway, was knocked to the ground, kicked, and stripped of his baton. At this time, McAbee was positioned on the south side of the Archway and was able to observe the assault.

            A second MPD officer then stepped off the police line to assist the downed officer. McAbee witnessed this, yelled at the officer who had arrived to assist, and swung his arms and hands toward the officer’s head and torso. Court documents say that McAbee made contact with the officer and was wearing reinforced knuckle gloves at the time of the assault.

            McAbee was arrested on Aug. 17, 2021, in Nashville, Tennessee.

            The Court 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 and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Middle District of Tennessee.

            The case was investigated by the FBI’s Washington and Memphis Field Offices, which identified McAbee as BOLO (Be on the Lookout) #134 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 1,100 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 396 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

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