D.C. judge orders release of MO man in Jan. 6 case pending probation violation hearing
A federal judge in Washington, D.C., has ordered the release of an Independence man arrested last week for failing to show up for a probation violation hearing in January in his Capitol riot case.
But Devin Rossman, who had been listed as a fugitive since Jan. 26, must appear in person in U.S. District Court for the District of Columbia for an April 16 hearing on his alleged violations, Judge Beryl A. Howell ordered Wednesday.
Howell denied the government’s request to keep Rossman in custody, agreeing with Monday’s decision by U.S. Magistrate Judge W. Brian Gaddy in Kansas City to release Rossman pending his return to federal court in D.C.
Howell left the conditions of release in place that Gaddy ordered on Monday. Rossman must wear a location monitoring device and abide by a curfew set by the U.S. Probation Office.
At Monday’s detention hearing in Kansas City, Assistant U.S. Attorney Joseph Marquez argued that Rossman should remain in custody, calling him “a flight risk and a danger to the community.”
Marquez 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 while intoxicated.
But after hearing testimony from Rossman’s employer, who praised his work ethic and said he’d recently been promoted to maintenance supervisor at a North Kansas City apartment complex, Gaddy ordered that Rossman be released until a hearing could be held in the District of Columbia.
Marquez then requested an emergency stay of Gaddy’s order to allow the government an opportunity to appeal. Gaddy agreed to stay his order, but gave the government 72 hours to file a motion to revoke or review it. If it didn’t, Gaddy said, Rossman would be released pending further proceedings in the case.
The government filed a motion Tuesday, asking Howell to revoke Gaddy’s release order and transfer Rossman to the District of Columbia to appear before the court on his alleged probation violations.
Howell held a hearing Wednesday and denied the government’s motion. She released Rossman and ordered him to provide a residential address and telephone number to the U.S. Probation Office along with verification of the address through a lease or rental agreement.
Rossman, 40, was charged in May 2022 with four misdemeanors in connection with the Jan. 6 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.
While roaming through the Capitol, court records said, Rossman eventually reached then-Speaker Nancy Pelosi’s office suite, a restricted area.
Rossman “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 government said.
Rossman 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 Probation Office asked the court to issue a summons and schedule a hearing. The hearing date was continued twice at Rossman’s request — his lawyer said he was having “continued financial struggles” and needed more time to make cost-effective travel arrangements.
The day before the Jan. 26 hearing, Rossman requested to attend it virtually instead of in person. Howell quickly denied the request. And the next day, he didn’t show up.
