Authorities arrest Missouri man listed as fugitive since January in Capitol riot case

An Independence Capitol riot defendant listed as a fugitive since late January after failing to show up for a probation violation hearing in Washington, D.C., has been arrested.

Devin Rossman was picked up last week on a bench warrant issued Jan. 26 out of the U.S. District Court for the District of Columbia. He was scheduled to appear in the D.C. court that day for a hearing on the government’s allegations that he had violated several conditions of his probation.

Rossman had a detention hearing Monday morning in federal court in Kansas City before U.S. Magistrate Judge W. Brian Gaddy. U.S. Marshals deputies escorted him into the courtroom, handcuffed in front and wearing yellow jail-issued clothing.

After hearing testimony from Rossman’s employer, who praised his reliability and work ethic, Gaddy ordered that Rossman be released until a bond revocation hearing can be held in the District of Columbia. He placed several restrictions on Rossman: to appear as ordered in D.C. court, wear a location monitoring device and abide by a curfew set by the U.S. Probation Office.

But Joseph Marquez, an assistant U.S. attorney, argued that Rossman should remain in custody, calling him “a flight risk and a danger to the community.”

Marquez requested an emergency stay of the judge’s order. He said Rossman had continued his alcohol use, which was a violation of his bond conditions, and noted that Rossman recently had been charged with driving under the influence.

Gaddy then agreed to stay his order, but gave the government 72 hours to review whether to challenge it. That means Rossman will remain in federal custody for now.

Rossman, 40, was charged in May 2022 with four misdemeanors in connection with the Jan. 6, 2021, riot. According to court records, Rossman entered the Capitol just minutes after the initial breach on Jan. 6 and remained inside for about an hour and 53 minutes.

He pleaded guilty in September 2022 to one count of parading, demonstrating or picketing in a Capitol building and was sentenced in December 2022 to 36 months probation with a condition of intermittent incarceration and a $2,000 fine.

He also was ordered to pay $500 restitution for damage to the Capitol, which prosecutors say totaled more than $2.9 million.

On Nov. 15, the U.S. Probation Office filed a petition alleging Rossman had violated probation by failing to make the required payments toward restitution; using or possessing alcohol on Sept. 19, 2023; failing to notify his probation officer of a change in employment status; and failing to attend some required classes.

The report said Rossman had been complying with other “substantial” aspects of his supervision.

The Probation Office asked the court to issue a summons and schedule a hearing. It was set for Dec. 1, but an attorney for Rossman filed a motion to continue it and allow him to attend virtually instead of in person. U.S. District Judge Beryl A. Howell granted the motion and rescheduled the hearing for Jan. 5. But on Dec. 29, Howell changed it back to an in-person hearing.

Rossman’s lawyer then requested another continuance, citing Rossman’s “continued financial struggles” and saying he needed time to make more cost-effective travel arrangements. Howell then reset the hearing for Jan. 26.

But on Jan. 25, Rossman’s attorney filed a new request, again asking the court to allow a virtual hearing instead of requiring him to attend in person. The request said Rossman had experienced a loss of income and several financial setbacks in recent months and couldn’t afford to pay to travel from Missouri to Washington.

The motion asked the court to authorize and direct “the United States Marshal to fund noncustodial transportation arrangements” for him to make the trip for the hearing if a virtual hearing wasn’t an option, and to continue the court matter until those travel arrangements could be made.

Howell quickly denied the motion, noting in her order that Rossman’s request was “tardily filed less than 24 hours prior to the scheduled hearing leaving insufficient time to obtain any travel funding.”

She added that the hearing had already been postponed for three weeks for Rossman to travel economically even though the government had objected. Howell said Rossman had shown that he “is demonstrably able to” get to Washington given that he traveled there “to commit the offense conduct on January 6, 2021, for which he was sentenced to probation.”

At Monday’s hearing in Kansas City, a U.S. Probation Office employee told the judge that Rossman had recently committed another probation violation by failing to notify the office of a change of residence.

Rossman’s employer, Monique Davis, testified on his behalf. The property manager of an apartment complex in North Kansas City, Davis said Rossman started working there as a temporary employee and was hired full-time on March 1 as the maintenance supervisor.

She said he was a reliable employee who puts in more than 40 hours a week and oversees four other workers.

“He’s very important to our company,” she said.

Gaddy said that in reading the docket from the D.C. court, it appeared that Rossman had made an effort to avoid missing the hearing there. The judge also said that Rossman “has established clear and convincing evidence he’s not a flight risk or a danger to the community.”

Gaddy said Davis’ testimony was “an important factor” in his decision and added that “I’m also impressed with Mr. Rossman’s promotion.”

As for Rossman’s actions on Jan. 6, 2021, court records say that after entering the Capitol, he eventually reached then-Speaker Nancy Pelosi’s office suite, a restricted area.

Rossman then “entered the Speaker’s Office suite and tried to open doors while the Speaker’s terrified staffers sought shelter under their desks,” the court documents said, and he took photos and bragged to friends in Facebook messages about entering the area. He expressed little remorse for his actions, the records said.

Rossman had discussed plans with others on Facebook “to bring firearms and knives to Washington, D.C.,” the court documents said.

“In one conversation, Rossman sent a picture of three knives and stated on January 5, 2021, that he intended to conceal the knives, ‘one for my boot, one for my waist and one for my pocket,’” according to the documents. “He also texted pictures of firearms that he intended to bring to Washington, D.C.”

Rossman later told authorities he ultimately decided against taking these items to D.C.

In a court filing prior to his sentencing, Rossman blamed former President Donald Trump, right-wing media and other elected officials — including Missouri Sen. Josh Hawley — for spreading the “Big Lie” that led to his actions.

The document said Rossman was duped by Trump and others into believing that Democrats rigged the 2020 presidential election.

“Before January 6, 2021, Mr. Rossman held a good faith belief the 2000 (sic) presidential election was in the process of being stolen by Joe Biden Democrat operatives,” the filing said. “Then President Trump trumpeted this claim to the nation repeatedly and loudly from the time of the 2020 election to January 6, 2021, and continues to press that claim today.”