‘Zip tie guy’ can be released from federal custody Monday, judge rules
A magistrate judge will allow Eric Munchel — dubbed “zip tie guy” on social media after he was photographed holding a handful of plastic restraints inside the U.S. Capitol during the failed insurrection on Jan. 6 — to be released from federal custody as early as Monday.
The decision came after a hearing Friday when the court heard testimony from character witnesses supporting Munchel and an FBI agent who assisted in searching the man’s home in Nashville. Federal agents seized more than a dozen high-power guns during the search.
After hours of testimony, Magistrate Judge Jeffrey Frensley determined Munchel wasn’t a flight risk and didn’t pose harm to the public. He said it was unclear if Munchel intended to harm anyone when he entered the Capitol.
“It’s not clear what his motive was,” Frensley said. “It’s not clear what his intent was. The proof on these issues is inconsistent.”
Although, the judge determined, it was clear Munchel’s goal was to disrupt the government.
Munchel has been in federal custody since his arrest on Jan. 10 when he turned himself over to authorities. Conditions of his release include staying in the home of a Nashville woman who testified she viewed Munchel as a son. She defended him and spoke highly of him during her testimony.
Frensley addressed Munchel directly when handing down his ruling and
told him he hopes he learns from this experience. While Frensley will allow Munchel’s release from custody, he granted a temporary stay from prosecutors until 10 a.m. CST Monday. He will remain in custody until a ruling from the U.S. District Court in Washington, D.C.
While both the prosecution and Munchel’s defense attorney agreed the 30-year-old man was part of the mob that stormed the Capitol in an attempt to stop law makers from certifying President Joe Biden’s victory over former President Donald Trump, the two sides had different views of Munchel’s role in the riot.
Who is at fault for storming the Capitol? Munchel’s mother, the defense argued.
Public defender Caryll S. Alpert said Munchel was only following his mother’s lead in “an act of civil disobedience” when they entered the Capitol, and he did so to keep her safe from harm. Lisa Marie Eisenhart, 56, of Woodstock, Georgia, also faces federal charges for entering the Capitol with her son.
Munchel went viral on social media after a photographer captured an image of the man jumping over the railing inside the Senate chamber holding a handful of plastic restraints. The image shows Munchel decked out in a bulletresistant vest and a black camouflage outfit.
“That is one snapshot in time and it doesn’t represent who Mr. Munchel is,” Alpert said, arguing that Munchel didn’t necessarily hold the views of the entire pro-Trump mob.
“Anytime you choose to be a part of the mob, there is a mob mentality, and you automatically connect yourself to the dangerousness,” Frensley said.
Court testimony revealed this wasn’t Munchel’s first pro-Trump rally, although it’s not clear how many he’s attended or when. The judge, however, pointed to Munchel’s attendance to prior protests as evidence he can halt his involvement before things get out of control.
A Georgia native, Munchel has lived in Tennessee for several years and previously in Florida. He recently worked at Kid Rock’s Big Ass Honky Tonk, a popular Broadway bar. He has no prior criminal history, except for two marijuana charges from at least five years ago in Georgia.
PROSECUTOR: MUNCHEL’S ‘STUNNING’ BEHAVIOR IS RESULT OF ‘RADICALIZATION’
Both Munchel and Eisenhart were unhappy with the election results, which led them to Washington, D.C., to protest, court testimony revealed. The two brought tactical gear, and Munchel carried a Taser. While inside, Alpert said Munchel encouraged both his mother and the mob to not destroy or vandalize the building.
An FBI agent testified that Munchel and his mother “coordinated their actions together” when entering the Capitol. Testimony revealed that there is no current evidence that Munchel vandalized or destroyed the building or engaged in violent behavior while inside.
U.S. attorney Ben Schrader, who is prosecuting the case, condemned Munchel for participating in the mob and said his actions weren’t “a momentary lapse of judgment.” He called it “a natural culmination of a plan to go and rise up in Washington, D.C. as part of this rally.”
Munchel was excited to discover a pile of the plastic restraints, Schrader said. According to the prosecutor, Munchel also made statements about being ready to “[expletive] things up” while inside the Capitol.
Schrader said Munchel never had the intent to hand over the plastic restraints, because if he did, he would have. The restraints were still in Munchel’s possession after the rally and were discovered by federal agents during the search of his home.
Munchel never came face-to-face with lawmakers, who fled because of the mob.
“God only knows what would’ve happened in that room” if the lawmakers hadn’t evacuated, Schrader said.
Munchel’s behavior was “stunning,” Schrader said. The prosecutor pointed to “radicalization” as the reason Munchel entered the Capitol.
“There’s no reason to think those views will diminish over time,” Schrader said. “In fact, they may get worse.”
Another prosecutor called Munchel “the extreme of the extreme.” But Alpert argued there was no evidence that he was part of a radical group or held extremists beliefs, a statement supported by witnesses who spoke with federal agents. The unidentified witnesses also said Munchel was pro-law enforcement.
“It’s a little bit counterintuitive because his actions are an absolute disrespect of law enforcement, but on the other hand, the videos show him speaking with law enforcement in respectful ways,” the judge said of video evidence he reviewed prior to his ruling on Munchel’s release.
Frensley found probable cause in the case, which will sent to a grand jury. Another hearing on Munchel’s case is set for Monday.