The Mercury News

Was U.S. Capitol attack planned?

North Texas case against suspect Guy Reffitt adds to the intrigue

- By Kevin Krause

DALLAS >> From a U.S. Capitol balcony, handgun on hip, he waved on the mob amassing at the threshold, like a battle commander leading the charge of an attacking army, according to court filings.

“And I climbed up there and I started going up the bannister and that’s when everything started moving forward,” Guy Reffitt allegedly said in a secret recording.

“I didn’t make it in. But I started the fire,” he said in another.

Reffitt, 49, reportedly shared his intentions with fellow militia members weeks before the assault, in a chat group using the encrypted messaging app Telegram: “The fuel is set. We will strike the match in D.C. on the 6th.”

The government’s case against the Wylie resident, one of the more serious involving the Jan. 6 siege, is providing more evidence that an armed attack of the Capitol was planned; evidence that was overlooked by the FBI in what critics call a massive security failure. How extensive or coordinate­d such plans were is a matter currently being investigat­ed by a Congressio­nal committee.

Prosecutor­s say the unemployed oil rig worker from North Texas was armed with a handgun and equipped with tactical gear and flexi-cuffs when he led the charge up the Capitol steps, toward police. Reffitt was one of the first rioters to make it onto the building, court records say.

But although some brought gas masks, Reffitt did not and quickly was repelled by pepper spray from officers defending the building. But like others, Reffitt wore body armor and a helmet. Prosecutor­s say his role in the attack was significan­t and contribute­d to the violent breaching of the Capitol building by causing a police line guarding the building to retreat.

“By his own admission … the defendant led the charge that pushed back U.S. Capitol Police who were defending the Capitol building, and that allowed other rioters to rush inside, putting hundreds of lives at risk,” Assistant U.S. Attorney Jeffrey S. Nestler said in court filings.

Nestler said Reffitt also recruited members to his militia; formed a security company to secretly arm the militia; ordered bear spray and riot shields; threatened to harm his children if they reported him; and planned future violence and acts of terrorism.

The House panel investigat­ing the insurrecti­on is examining all aspects of the attack, including the numerous online discussion­s and threats prior to Jan. 6. The committee also is looking into possible coordinati­on between insurrecti­onists and planners of thenPresid­ent Donald Trump’s “Stop the Steal” rally that immediatel­y preceded the violence. The committee is seeking phone or computer records for hundreds of people who were believed to be involved in the effort to overturn the November 2020 presidenti­al election results.

Reffitt’s attorney could not be reached for comment. But he has told a federal judge that his client, who remains behind bars, intends to go to trial and fight the charges. A trial date is currently set for February. If that date holds, Reffitt could be one of the first to take his case to a jury.

NBC News reported in April that a nonprofit research group found hundreds of social media posts discussing plans to take the Capitol building, including strategies for overwhelmi­ng police and maps of the building.

And Washington, D.C.’s homeland security office sounded the alarm in vain after noticing growing signs that Trump supporters were planning to violently disrupt Congress’ joint session to certify the Electoral College vote, according to a recent Washington Post report.

The desperate D.C. officials were unable to convince federal law enforcemen­t that a serious threat loomed despite numerous red flags and their frenzied efforts, the Post reported.

The warnings of violence came from “local officials, FBI informants, social media companies, former national security officials, researcher­s, lawmakers and tipsters,” the Post reported.

Six California men, four of whom identity as Three Percenters, an extremist militia movement, have been charged with more serious conspiracy counts after prosecutor­s said they plotted together on the Telegram app prior to the uprising.

Reffitt is also a Three Percenter, according to court records. But his failed charge at the Capitol seems to indicate a lack of coordinati­on on the ground with other more serious and prepared insurrecti­onists.

About 30 defendants have been charged with conspiracy counts, including members of two other right-wing groups, The Oath Keepers and The Proud Boys. Reffitt is one of the few alleged rioters who is said to have brought a gun to the Capitol – a significan­t aggravatin­g factor that carries greater punishment.

The Post reported that fewer than 80 of the roughly 650 people charged in connection with the Jan. 6 riot are linked to right-wing extremist groups such as militias.

Prior to the assault, Reffitt and other militia members talked on Telegram about taking the Capitol and dragging out lawmakers whom they viewed as traitors, authoritie­s say.

Prosecutor­s said in a Nov. 5 court filing that Reffitt took part in a group chat in December with over 60 members, including fellow Texas Three Percenter militia members, during which he declared his plan to travel to Washington. “The legislativ­e branch has committed treason,” he allegedly wrote.

Those who identify as Three Percenters hold the belief that “a small force with a just cause can overthrow a government if armed and prepared,” prosecutor­s said.

In messages, Reffitt said he intended to “surveil the atmosphere for like-minded patriots and see if we have enough marching with heat,” court records say. He allegedly wrote that he would be in “full battle rattle.”

In late December 2020, one of Reffitt’s family members notified the FBI that Reffitt was “going to do some serious damage” in connection with members of Congress in Washington, D.C., according to court records.

The day before the uprising, Reffitt and another Texas Three Percenter drove more than 20 hours to Washington, D.C., with his AR-15 rifle and .40-caliber Smith & Wesson pistol.

“During the drive, Reffitt talked about ‘dragging those people out of the Capitol by their ankles’ and installing a new government,” the prosecutor wrote.

On the morning of Jan. 6, Reffitt allegedly described his plans for the day: “do the recon and then come back for weapons hot.” He spoke of meeting at the “rendezvous point,” prosecutor­s said.

Before heading to the Capitol with the mob, Reffitt also announced his intentions to the crowd of Trump supporters at the Ellipse, where Trump’s “Stop the Steal” rally occurred. His words were captured on his helmet cam, court records show.

“I didn’t come here to play games. I am taking the Capitol with everybody (expletive) else. We are all going to drag those (expletive), kicking and screaming. I just want to see Pelosi’s head hit every (expletive) stair on the way out ... and Mitch McConnell, too. (Expletive) ’em all.”

 ?? KENT NISHIMURA — LOS ANGELES TIMES ?? Protesters storm the Capitol and halt a joint session of the 117th Congress on Jan. 6, in Washington, D.C.
KENT NISHIMURA — LOS ANGELES TIMES Protesters storm the Capitol and halt a joint session of the 117th Congress on Jan. 6, in Washington, D.C.

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