Many Capitol riot cases could hinge on first trial's outcome
The Justice Department launched one of the largest and most complex criminal investigations in its history after a mob of Donald Trump supporters stormed the U.S. Capitol over a year ago. Now it's time for a jury to hear some of the government's evidence about the unparalleled attack on American democracy.
The first trial for one of the hundreds of Capitol riot prosecutions begins this week as jury selection started Monday in the case against Guy Wesley Reffitt. The Texas man is charged with bringing a gun onto Capitol grounds, interfering with police officers guarding the building, and threatening his teenage children if they reported him to authorities. Jurors could hear attorneys' opening statements as soon as today.
Reffitt's trial may be a bellwether for many other Capitol riot cases. A conviction would give prosecutors more leverage in plea talks with rioters facing the most serious charges. An acquittal may lead others to wait for their own day in court.
Reffitt “truly is the canary in the coal mine,” said Gregg Sofer, a former federal prosecutor who served as U.S. attorney for the Western District of Texas from October 2020 to February 2021.
“It'll really be interesting to see how strong a case the government has and whether or not they're relying on evidence that, when pushed and tested, stands up. It's going to have a huge impact going forward,” added Sofer, now a partner at the law firm Husch Blackwell.
Reffitt is a member of a militia-style group called the “Texas Three Percenters,” according to prosecutors. The Three Percenters militia movement refers to the myth that only 3% of Americans fought in the Revolutionary War against the British.
On Jan. 6, 2021, Reffitt was armed with a handgun in a holster on his waist, carrying zip-tie handcuffs and wearing body armor and a helmet equipped with a video camera when he and others charged at police officers on the west side of the Capitol, according to prosecutors.
“This action caused the police line guarding the building to retreat closer to the building itself; soon after this, law enforcement was overwhelmed, and rioters flooded the building,” prosecutors wrote in a court filing. Reffitt retreated only after an officer pepper sprayed him in the face, prosecutors said.
Prosecutors believe Reffitt took at least two firearms with him to Washington: an AR-15 rifle and a Smith & Wesson pistol. When FBI agents searched Reffitt's home in Wylie, Texas, they found a handgun in a holster on a nightstand in the defendant's bedroom. Prosecutors say photos and video of Reffitt during the riot show a handgun holster on his right hip, with what appears to be a silver object inside the holster.
On the morning of Jan. 6, Reffitt said he planned to “do the recon and then come back for weapons hot” and sent messages about meeting at a “rendezvous point,” according to prosecutors.
“These messages, along with the weapons that Reffitt carried and the gear he wore, make clear that the defendant did not come to D.C. with the intention to engage in peaceful activity,” prosecutors wrote.
The siege resulted in the deaths of five people, including a police officer. The Justice Department says more than 235 rioters have been charged with assaulting or impeding law enforcement, injuring over 100 officers. Rioters caused over $1 million in damage to the Capitol.
The Justice Department says its investigation has generated an unprecedented volume of evidence, with hundreds of thousands of documents and thousands of hours of videos to share with defense attorneys. Shared files total more than nine terabytes of information and would take over 100 days to view, the department says.