Prosecutors get more time to respond to Barnett’s motions

Gravette man’s attorneys seek acquittal or new trial

WASHINGTON — A federal judge in the District of Columbia has given prosecutors an extra two weeks to respond to motions from Richard “Bigo” Barnett’s attorneys, who say their client deserves a new trial or acquittal.

On Jan. 23, after a twoweek trial, a jury in Washington deliberated for a little over two hours before finding the Gravette man guilty of all eight counts in connection with the U.S. Capitol riot on Jan. 6, 2021.

Barnett, 62, famously posed for photos with his foot on a desk in then-House Speaker Nancy Pelosi’s office suite during the riot. He faced enhanced charges for taking a dangerous weapon — a ZAP Hike ’n Strike Walking Staff stun gun — into the Capitol that day.

But the evidence just wasn’t there, according to Barnett’s four-person legal team.

“Because the government did not present evidence to prove every element for any count, where a rational, fair, and impartial jury could find guilt beyond a reasonable doubt, the Court should acquit on all counts,” they wrote in their motion for acquittal.

Both of Barnett’s post-trial motions were filed Feb. 5.

Tuesday was the deadline for the government to respond, but prosecutors requested an extension, and U.S. District Judge Christopher R. Cooper granted the request Tuesday night.

“Between the two motions, the defendant raises over twenty different arguments to which the United States intends to respond,” according to the unopposed motion from the three assistant U.S. attorneys who prosecuted Barnett.

“Meanwhile, trial in this case lasted two weeks and produced a lengthy record that requires significant time to review. In order to provide the Court with the benefit of a thorough but concise response to each of the arguments in the defendant’s motions, the United States respectfully requests a twoweek extension of time to respond to both motions.”

The government’s responses are now due March 7.

In their motion for a new trial, Barnett’s attorneys wrote that three FBI agents from Fayetteville, three police officers from Washington and Pelosi’s former executive assistant all “provided material testimony that was demonstrably false based on other available video evidence, publicly available information, common knowledge, and common sense.”

Barnett’s attorneys cited demonstration of the Hike ‘n Strike in court as another reason for a new trial or acquittal. An FBI agent activated the device “for five seconds to misrepresent the non-dangerous item and to unfairly scare the jury with the sound,” according to their motion for acquittal.

Barnett, who remains free, faces a maximum penalty of 47 years in prison. Sentencing is scheduled for May 3.

Meanwhile, on Feb. 6, another one of Arkansas’ Jan. 6 defendants got a speeding ticket in Cabot.

Brennen Cline Machacek, 32, of Hindsville, was driving 40 miles per hour in a 25-mile-per-hour zone near the intersection of Mountain Springs Road and Willie Ray Drive, said Jennifer Beranek, the chief district court clerk for the northern district of Lonoke County.

Machacek is scheduled to be in traffic court on April 12. He has a video teleconference status hearing scheduled in the District of Columbia federal court on March 14, regarding the Capitol breach, in which Machacek faces four misdemeanor charges but no felonies.

Besides Barnett, Peter Francis Stager, 43, of Conway, also faced felony charges in connection with the Capitol riot. Stager pleaded guilty on Thursday to one count of assaulting a police officer with a dangerous weapon. Stager used a flag pole to beat an officer who was face down on the Capitol steps, according to court filings. He faces a maximum penalty of 20 years in prison. Stager is the only one of Arkansas’ five Capitol breach defendants who has remained incarcerated since the riot.

Two other Arkansans have pleaded guilty to one count of parading, demonstrating or picketing in a Capitol building. Robert Thomas Snow, 79, of Heber Springs, was sentenced to one year of probation and 60 hours of community service. Jon Thomas Mott, 40, of Yellville, is scheduled for sentencing on March 8.

Barnett