Possible plea for Capitol rioter arrested in Las Vegas

WASHINGTON — Negotiations have started on a possible plea agreement for a man arrested in Las Vegas in connection with the Jan. 6 insurrection at the Capitol, a prosecutor and defense attorney told a federal judge on Wednesday.

U.S. District Court Judge Dabney Friedrich set another pretrial hearing in June for Ronald Sandlin, who remains detained in the District of Columbia jail as the government prepares its case against participants of the Jan. 6 riot, which left five people dead, including a Capitol Police officer.

Special Assistant U.S. Attorney Jessica Arco told the judge that the government has spent weeks parsing through surveillance footage at the Capitol, other video and messages that were contained on laptops, cellphones and other devices.

The evidence has been turned over to defense attorney Jerry Smith, but more is forthcoming. Arco said evidence continues to be collected and the government just received Sandlin’s computer and phone because he remains in detention.

Smith said a plea outline by Arco this week was “not a whole lot promising,” but negotiations are worthwhile. He also urged the judge to set another hearing for early next month, noting that Sandlin remains in jail, and plea discussions will continue.

Held in custody

The judge last month denied a motion to release Sandlin and ordered him to remain in jail, which he has called “mental torture.” Sandlin told another judge about witnessing the beating of another riot suspect at the hand of guards.

Federal judges have released on bond many of the 400-plus Capitol riot defendants, who await trial or a plea agreement under house arrest or with monitoring devices.

The defendants arrested in Nevada — Sandlin, who is originally from Tennessee, and Nathaniel DeGrave, who moved to Las Vegas from Pennsylvania — were ordered by different federal judges to remain in custody because they are considered flight risks and possible threats to public safety.

Sandlin is accused of punching a police officer and trying to take his helmet off.

Both defendants arrested in Nevada face several charges, including violent entry, disorderly conduct and obstruction of law enforcement during a civil disorder.

The two were arrested in Las Vegas in January by FBI agents who used social media accounts to track down the defendants. DeGrave was living in an apartment in Las Vegas at the time of the arrest.

Both traveled to Washington to attend the “Stop the Steal” rally where then-President Donald Trump urged supporters to march on the Capitol.

Video and photos show both Sandlin and DeGrave in the Capitol, and Sandlin posted a Facebook video of himself smoking what appeared to be a marijuana joint in the Rotunda.

DeGrave also appeared in photos taken inside the Capitol.

The two defendants and a third person used a GoFundMe account to pay for their trip. Sandlin brought equipment to record the event and echoed Trump’s words that “freedom is paid for in blood.”

False claims continue

Trump has continued to claim falsely that the presidential election was stolen from him. It was that charge that he used to incite supporters at the rally to lay siege of the Capitol.

The House impeached Trump for inciting the riot. He was acquitted by the Senate.

Trump’s repeated claims could complicate defense strategies in the Capitol riot cases. In an earlier pretrial hearing for DeGrave, a federal prosecutor argued that in addition to Trump, there are media outlets and people “maintaining that narrative.”

U.S. District Judge Paul Friedman noted that defendants such as DeGrave have translated Trump’s words into a call for violence on Jan. 6. The judge ordered DeGrave to remain incarcerated.

GOP leaders, meanwhile, have echoed Trump, or distanced themselves from the former president, who still enjoy loyalty from his base of supporters.

House Republicans, on a voice vote Wednesday, removed Rep. Liz Cheney, R-Wyo., from her leadership position as conference chair. Cheney was one of 10 Republicans to vote for impeachment. She called out Trump for promoting the “Big Lie” that the election was stolen.

She warned Republicans on Wednesday of the danger in looking past the insurrection and dismissing its destruction of democracy.

‘Peaceful patriots’

Still, Rep. Paul Gosar, R-Ariz., called the Capitol rioters “peaceful patriots” and complained that some remain in jail.

The breach left five dead and many injured when mobs overran police barricades and broke through windows to enter the Capitol and hunt down lawmakers who were certifying state election results on Jan. 6.

Capitol Police officer Brian Sicknick was sprayed with a chemical irritant and collapsed during his battle to keep the rioters out. He died the next day of natural causes.

The D.C. Medical Examiner’s Office has confirmed four other deaths as a result of the insurrection, including Ashli Babbitt, an Air Force veteran who stormed the Capitol and was shot by police. Two others died of natural causes and one from accidental amphetamine intoxication.

Contact Gary Martin at gmartin@reviewjournal.com. Follow @garymartindc on Twitter.