Appeals court rulings could help Louisiana man accused in Jan. 6 riot get gun charges dropped

John Rupolo
·3 min read
2
Appeals court rulings could help Louisiana man accused in Jan. 6 riot get gun charges dropped

BATON ROUGE, La. (BRPROUD) — On Jan. 6, 2021, the U.S. Capitol building was stormed and more than 100 law enforcement officers were injured.

Ascension Parish resident Edward Richmond Jr. faces charges related to the riot. Prosecutors say video and still images show him assaulting officers with a metal baton. He was arrested on Jan. 22, and charges included assaulting, resisting or impeding certain officers and engaging in physical violence in a restricted building or grounds.

“I’ve been given a lot of evidence in that case, and I’m still sifting through it. I think it’s a tough case,” said John McLindon, a Baton Rouge defense attorney representing Richmond.

The Louisiana man also faces new federal gun charges. When he was being arrested earlier this year, authorities said they found a “Windham Weaponry, model WW-15, .223/5.56 mm caliber rifle and approximately 73 rounds of ammunition,” according to a news release from the U.S. Department of Justice.

Richmond is a convicted felon and was dishonorably discharged from the Army 20 years ago after being convicted of killing an Iraqi citizen. Under federal law, a convicted felon cannot own a firearm.

According to the DOJ release, he was indicted on “possession of a firearm and ammunition by a previously convicted felon and possession of a firearm and ammunition by a person discharged from the Armed Forces under dishonorable conditions.”

Louisiana man charged in Jan. 6 attack is now facing new, unrelated federal gun, ammo charges

McLindon thinks that case could be determined after a Supreme Court decision.

“It’s one of the most interesting things I’ve ever seen in my practice,” said McLindon.

The attorney cites two recent court rulings, one in Mississippi and one in Baton Rouge. The two cases charging convicted felons with possessing firearms were dismissed, and the courts ruled that the law was unconstitutional and violated the Second Amendment. The federal government has appealed both rulings.

“Without these two new cases declaring that statute unconstitutional, it would be a very difficult case for me to defend,” said McLindon.

McLindon said one or both of those cases could end up in the Supreme Court to determine whether the law that takes away guns from convicted felons violates the Second Amendment

“If it’s declared unconstitutional, then Edward has not broken the law by possessing this firearm,” said McLindon.

We talked to LSU professor of law Ken Levy, and he agreed. He thinks a federal appeals court will uphold those two court rulings.

“They might — guess based on precedent — is they are likely to say that the prohibition on firearms for convicted felons is unconstitutional,” said Levy.

Levy said recent Supreme Court rulings and a majority of six conservative court members are setting a precedent in cases involving the possession of firearms. It could ultimately impact Richmond’s case.

“The court is on a trajectory to dramatically expand gun rights. That is the object. That is their goal,” said Levy.

Richmond is in jail awaiting prosecution on the Jan. 6 charges, and he’ll be extradited to Louisiana for hearings on the gun case in the Middle District of Louisiana.

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