Plea deals may be in the works for 6 people facing multiple felony charges in U.S. Capitol riot
Plea deals may be in the works for six people who the federal government says are associated with the Proud Boys and who face criminal charges related to the U.S. Capitol riot on Jan. 6.
Prosecutors and defense attorneys told a federal judge in Washington, D.C., on Thursday that they expect to have preliminary negotiations about resolving the case short of going to trial. Those talks are described as being in the beginning stages and are expected to take a few weeks.
All six defendants are facing multiple felony charges, including conspiracy, civil disorder, disorderly conduct, obstruction of law enforcement and entering a restricted building or grounds. Federal investigators say the six advanced and unlawfully entered the U.S. Capitol.
U.S. District Court Judge Timothy J. Kelly set their next court date for Aug. 6, which he said will allow time for the government to turn over remaining evidence to defense attorneys and also time to discuss "non-trial dispositions of this matter going forward."
Court documents say Felicia Konold was seen on the day of the riot with the leaders of the Proud Boys, an extremist group with ties to white nationalism. The federal complaint alleges she was part of a group march led by the Proud Boys along Constitution Avenue, where members could be heard shouting chants such as, "Whose streets? Our streets."
Investigators allege she was part of a group that moved to the front of a crowd during an initial confrontation with law enforcement on Capitol grounds shortly before 1 p.m. that day.
Within minutes, the crowd overwhelmed U.S. Capitol police officers, overturned metal barricades and moved toward the Capitol. The federal complaint alleges that Felicia and Cory Konold, siblings, moved past the barrier and were "at or near" the front of the crowd when approaching the next barrier. This police line was soon overwhelmed.
Prosecutors say a photo appears to show Felicia and two others using their hands and bodies to disrupt or dismantle metal barriers used as crowd control. Felica and Cory Konold were identified through photos and that cellphone data associated with their phone numbers placed them at or around that location during the riot.
The Konolds' attorney, Albert Watkins, released a statement in April where he described Felicia as a single, pregnant mother of a young child who suffers from chronic effects of a traumatic brain injury. He said her brother, Cory, is an avowed Democrat, who joined his big sister to sightsee and hear then-President Trump speak.
Watkins said neither had plans to do anything other than attend the president's speech.
“The mere suggestion these siblings were insurrectionists or white supremacists or seeking to lead a coup is nothing short of abject propaganda driven fiction,” he said in the statement.
Besides the Konolds from Arizona, the other defendants in the federal case are William Chrestman, Christopher Kuehne and Ryan Ashlock of Kansas and Luis Enrique Colon of Missouri.
Federal investigators singled out Chrestman as allegedly threatening police as the crowd advanced on the Capitol. Photos show him carrying an ax handle wrapped in an American flag.
As police sought to control the rioters, investigators said Chrestman yelled: "You shoot and I'll take your f------ ass out."
At another point, he also allegedly urged other rioters to stop police from making an arrest.
"Don't let them take him," Chrestman called out.
Assistant U.S. Attorney Christopher Berridge on Thursday described Chrestman as "a central figure in actually leading the attack on the Capitol," who "gleefully filmed himself."
But Chresman's attorney, Peter Cooper, said there is no evidence his client assaulted or fought with anyone that day.
Among other developments in the case on Thursday:
The court lifted a restriction that had prohibited the Konolds from communicating with each other while their criminal case is pending. The government said the prohibition wasn't practical, especially because the Konolds share an attorney.
The judge, Kelly, agreed to change release conditions for defendant Colon from in-home incarceration to GPS monitoring so he can continue to work at his job.
An attorney for defendant Kuehne has filed a motion to sever his cases from the other five co-defendants, arguing that the attorney who represents the Konolds has made remarks to the media that prejudices his client's rights to a fair trial. Attorney Watkins, who also represents Jake Angeli, known as the QAnon shaman, was quoted in an interview with Talking Points Memo calling Angeli and his other clients, “short-bus people.” He said that these were “people with brain damage” and were on the “spectrum.” He also was quoted using the term “retarded,” a term whose casual use has been labeled pejorative by advocates for the intellectually disabled. Judge Kelly said he would consider the motion to sever Kuehn's case from the others and issue a ruling.
Judge Kelly reminded defense attorneys of federal court rules that prohibit statements that interfere with their clients' right to a fair trial. "I'm not at all saying Mr. Watkins violated those rules, but I want people to know they exist. Familiarize yourself with them and make sure you don't violate them," he said.
More than 400 people face criminal charges in connection with the Jan. 6 riot that took place in Washington, D.C. Five people died, including a police officer. About 140 police officers were injured.
Many of the rioters came from President Donald Trump’s “Save America Rally” that began hours earlier at a park near the White House. Trump spoke to them for more than an hour, insisting the presidential election had been stolen. As Congress started to count Electoral College votes, thousands of supporters stormed the U.S. Capitol building, sending lawmakers scrambling for safety and prompting evacuations.
Damage to the Capitol is estimated at more than $30 million and includes broken windows and doors, graffiti and residue from tear gas, pepper sprays and fire extinguishers.
Reach the reporter at anne.ryman@arizonarepublic.com or 602-444-8072. Follow her on Twitter @anneryman.
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This article originally appeared on Arizona Republic: Plea deals possible for 6 U.S. Capitol rioters
