West Allis man charged with entering U.S. Capitol
Mish told police he had information about death of rioter shot, killed
Federal prosecutors have charged a West Allis man after he said he entered the U.S. Capitol with rioters Jan. 6 and witnessed police fatally shoot a woman trying to enter the Speaker’s Lobby.
David Charles Mish Jr., 42, is charged with unlawful entry on restricted grounds and violent entry and disorderly conduct on Capitol grounds.
He appeared in federal court via video conference Friday afternoon for the Eastern District of Wisconsin. A judge released Mish on a recognizance bond and ordered him not to attend political demonstrations and to avoid Washington, D.C., according to online court records.
Five people died in the riots Jan. 6 at the U.S. Capitol, including a police officer. A mob of supporters of President Donald Trump stormed and ransacked the building to disrupt the counting of the Electoral College votes. According to a criminal complaint: On Jan. 7, Mish contacted the D.C. Metropolitan Police Department and said he had information about the death of Ashli Babbitt, who was shot by an officer as she tried to climb through a broken window into the Speaker’s Lobby, which would have given rioters access to the House of Representatives chamber.
Mish told a detective he entered the Capitol with “a group of guys.”
“Because I entered the Capitol Building are you guys gonna take me to jail? I didn’t break anything ... I went in, yes,” he said.
“Because I entered the Capitol Building are you guys gonna take me to jail? I didn’t break anything ... I went in, yes . ... Everybody was yelling ‘breach the building.’” David Charles Mish Jr.
“Everybody was yelling ‘breach the building,’” Mish said.
He also told the detective he went into a bathroom near the Speaker’s Lobby and objected when others shattered a mirror.
“We’re trying to get to the politicians because we wanna voice our ... we wanna voice to ‘em,” he said he told the others.
Investigators also found Mish in videos posted to social media that showed he was in the tightly packed hallway near the Speaker’s Lobby moments after Babbitt was shot.
In one video, Mish is seen in the chaos as police are trying to move people out of the hallway after the shooting.
The person filming says to Mish, “Dog, someone just died,” and Mish responds, “Yeah, I can’t believe I seen it.”
In another video, closer to the doors to the outside, Mish and the man filming are being jostled by the crush of people. Some appear to be trying to leave the building and some are fighting and pushing police officers.
“We can’t get out,” Mish tells those who appear to be pushing him forward.
Police have also arrested the man who filmed the videos, John Sullivan of Utah.
If Mish is convicted of both counts, he faces up to a year and a half in prison and $105,000 in fines.
He is set to appear via video in front of a federal judge based in D.C. this week.
Federal prosecutors have also charged an Eau Claire man, Kevin Daniel Loftus, 52, after he posted on social media that he entered the Capitol.