Category: Legal Issues

Source: United States Department of Justice

Defendant allegedly shot the victim in the head during a recreational soccer match

            WASHINGTON – Pedro Funes, 33, of Washington, D.C., was charged in Superior Court today on a count of first degree murder while armed in the homicide of 30-year-old Around Solis on July 26, 2023, in the city’s Adams Morgan neighborhood, U.S. Attorney Matthew M. Graves and Acting Chief Pamela Smith of the Metropolitan Police Department announced.

            Funes was arraigned before Magistrate Judge Judith Pipe and entered a plea of not guilty. The court found probable cause to believe that Funes committed the slaying. The court held Funes without bond pending a preliminary hearing to be held on October 4, 2023, before Judge Robert Okun.

            An arrest on a complaint is merely a formally charged allegation that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.

            In announcing the charge, U.S. Attorney Graves commended the work of those investigating the case from the Metropolitan Police Department and the U.S. Attorney’s Office.

Source: United States Department of Justice (2022)

Remarks as Delivered

Good morning. My name is Kristen Clarke. I’m the Assistant Attorney General for the Civil Rights Division at the U.S. Department of Justice. At the heart of many of the protests that unfolded in this city, and across the nation, was a call for constitutional, fair and non-discriminatory policing and respect for people’s civil rights.

Today we are here to take an important step toward answering that call and committing to the task of building out a core feature of American democracy – an effective, accountable police department that ensures respect for constitutional rights, garners public trust and keeps people safe.

I want to provide further details about the findings of our civil rights investigation that the Attorney General just announced.

First, we found that the Minneapolis Police Department uses excessive force – both deadly and less lethal.

We reviewed MPD’s 19 police shootings and one in-custody death from January 1, 2016, to August 16, 2022. Many of these incidents were unconstitutional uses of deadly force. We found that officers used deadly force without probable cause to believe that there was an immediate threat of serious physical harm to the officer or another person. In one example, an off-duty officer fired his gun at a car containing six people within three seconds of getting out of his squad car.

Neck restraints are lethal force. And we found that MPD officers often use neck restraints without warning, on people suspected of only minor offenses and on people who posed no threat.

We also reviewed less lethal uses of force – tasers, bodily force and pepper spray.

MPD officers’ use of tasers often is inconsistent with MPD’s own policy and occurs without warning. For example, officers sometimes use multiple, successive taser applications without re-assessing the need for further activations, which can be dangerous. They also use tasers for minor offenses, on kids and on people known to have behavioral health issues.

We found that MPD unconstitutionally uses bodily force and pepper spray against people who have committed minor offenses or no offense at all. In addition, we saw repeated instances of excessive force against kids without appropriate attempts to de-escalate the situation. In one instance, an MPD officer wearing street clothes drew his gun and pinned a teenager to the hood of a car for allegedly taking a $5 burrito without paying.

In addition, we found instances where MPD officers did not adequately ensure the safety of people in their custody. For example, after pepper spraying a group of people who were fighting, MPD officers ignored pleas to call an ambulance for one woman who needed help because she had asthma. Disregarding the medical distress of a person who is in custody or after a use of force is unlawful.

And, often, officers who could have intervened to stop the use of excessive force by their colleagues did not do so. This violates the Constitution.

Our second finding is that the Minneapolis Police Department unlawfully discriminates against Black people in its enforcement activities. This is a first-time finding for us – that the police department also discriminates against Native American people in its enforcement activities.

With our statistical experts, we reviewed over five years of MPD data, from November 1, 2016, to August 9, 2022, on roughly 187,000 traffic and pedestrian stops. We also conducted interviews and ride-alongs, and we reviewed other documents and information that the city provided.

As part of this systemic discrimination, we found that MPD disproportionately stops Black people and Native American people.

During stops involving Black and Native American people, MPD performs searches more frequently than during stops involving white people, even when they behave in similar ways.

MPD also uses force during stops involving Black and Native American people more frequently than they do during stops involving white people, even when they behave in similar ways. This too is another “first” – this is the first time we have made a finding that the police department unlawfully discriminates by using force after stops against Black and Native American people.

Starting in late May 2020 – when George Floyd was killed – MPD officers suddenly ceased reporting race and gender in many stops despite MPD policy requiring them to collect this data. We estimate that the percentage of daily stops with known race data recorded dropped over 35 percentage points during this period. Still, our analyses of the reported racial data from May 25, 2020, to August 9, 2022, showed significant racial disparities in searches and use of force.

Working with our statistical experts, we did not find that there was a legitimate, non-discriminatory reason for such different treatment for Black and Native American people during stops or the other enforcement activities that we examined.

We also found that the MPD violates people’s First Amendment rights by retaliating with force against people engaged in protests and engaged in demonstrations. We saw officers push and pepper spray protesters who posed no threat. Where protesters resisted police commands, officers used force to punish them well after any threat had ended. For example, during a protest in March of 2021, officers beat, kicked and shoved protestors even after they were restrained. One officer, used his full body weight, kneed a passive, restrained protester in the neck as he lay face down – an act that amounted to deadly force.

MPD retaliates against journalists and unlawfully restricts their access during protests. Under the First Amendment, the press must be allowed to safely gather and report the news.

In addition, we found that the police department retaliates against people who challenge or question them during stops and calls for service. The Constitution protects the right to criticize officers, even with profanity. We also found that MPD officers retaliate against people who observe and record them, even though they have a right to do so. All of this violates the law.

Our fourth and final finding is that MPD and the City of Minneapolis discriminate against people with behavioral health disabilities when responding to calls for assistance.

Many calls for service related to behavioral health do not require a law enforcement response. These calls often involve no violence, weapon or immediate threat. And in these circumstances, a law enforcement-led response can lead to trauma, injury and even death to people experiencing behavioral health issues. But these harms may be avoided by dispatching behavioral health responders where appropriate, and they can be mitigated by sending behavioral health responders with police where a law enforcement response may be needed.

To assess MPD’s and the city’s response to behavioral health calls, we analyzed a random sample of behavioral health-related 911 calls to which MPD responded. And we learned that MPD and the city often send the police unnecessarily and that people are harmed as a result. For the vast majority of the calls we reviewed, the person needing behavioral health attention was not reported to have a weapon or to pose an immediate threat. Only 0.45% of over 100,000 mental health calls resulted in an arrest at the scene – this underscores that the current reliance on police-only responses is unwarranted.

In December of 2021, the city launched a mobile crisis response pilot that provides a behavioral health response in addition to, or instead of, a police response. And that program is a step in the right direction, but that pilot effort lacks the capacity to promptly respond to calls throughout the city, and, as a result, MPD continues to be the primary response to behavioral health calls.

These findings are serious, and we enter the path to reform with a plan to put in place lasting and enduring changes that will ensure the constitutional, fair and non-discriminatory policing to which the people in this great city are entitled.

As I close, I want to extend my gratitude to the Mayor and the Police Chief for joining us today and for their collaboration. And I also want to extend deep appreciation to the people across Minneapolis who worked with us at every step of this process. Thanks to residents, community leaders, civil rights advocates, police officers and many others who used their voice in this process. An enormous and important task lies ahead, and we want this community to hear us clearly – we stand with you at every stage of this process that lays ahead.

I’ll turn the floor over to Ann Bildtsen, First Assistant U.S. Attorney for the District of Minnesota.

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