Lawyer says ex-cop tied to Capitol riot was just an observer

A lawyer for former Houston Police Department officer Tam Pham, who on Wednesday surrendered to federal authorities on charges that link him to the Jan. 6 insurrection at the Capitol, defended her client as a mere onlooker during the violence.

Pham turned himself over to special agents around 8 a.m., and he was taken into custody. Court records feature photos of Pham in the Capitol building during an attempted takeover as lawmakers gathered to confirm President Joe Biden’s win. Special agents stated in documents that Pham initially lied to them about joining the rioters.

His attorney, Nicole DeBorde, contends Pham — who she said is a devout Buddhist — does not share the same political ideology as those who violently breached the Capitol.

“He believes that President Biden was elected in a free and fair election,” DeBorde said. “He’s wanting to dissociate himself with the domestic terrorism that took place.”

Pham’s federal court appearance was delayed because of the presidential inauguration, she said.

The former officer, an 18-year veteran of the Houston Police Department, was charged Tuesday after investigators reviewed his phone and found deleted photos of him in the Capitol with a violent mob. He was suspended from his Westside patrol position once Chief Art Acevedo received a complaint about Pham’s possible involvement.

The department is now reviewing Pham’s arrests amid the federal investigation.

“We are also auditing arrests made by the former officer to ensure there are no irregularities,” Acevedo said in a statement, adding that the review will include his body-worn camera footage from those arrests.

Police officials would not say

when Pham’s last arrest took place.

Acevedo on Tuesday said he was not aware of any other officers participating in the Capitol violence but their review is ongoing. The FBI is helping with a review on employee backgrounds.

Pham initially denied having breached the historic building when federal agents visited his Richmond home. He said he went to the nation’s capital for business reasons and was there to take pictures. He attended former President Donald Trump’s rally and then followed a large crowd to the Capitol building. He said he ignored a group of police officers and crossed a barricade to enter the building.

“He’s been cooperating with the FBI since they knocked on his door,” DeBorde said.

Photos in court documents showed Pham posing in front of a Trump flag hanging from a statue of former President Gerald Ford in the Rotunda. The photo appeared to have been taken by another individual. Selfies that Pham took also showed him wearing a blue mask with a large crowd of rioters behind him.

“He had no other intent but to observe,” the lawyer continued.

Last week, Pham told the Houston Chronicle that he regretted his actions at the Capitol and that he was there to take photographs.

“A lot of stuff happened that day,” Pham said of the riot. “I wasn’t in the right mind.”