Month: June 2023

Source: United States Department of Justice Criminal Division

The Justice Department issued the following statement from Attorney General Merrick B. Garland following the Supreme Court’s decision in Haaland v. Brackeen:

“The Justice Department is committed to honoring Tribal sovereignty and protecting Indian children and families. For nearly 45 years, the Indian Child Welfare Act has helped protect Tribal children from being unnecessarily separated from their parents, extended family, and Tribal communities. 

I am pleased that today’s Supreme Court decision in Haaland v. Brackeen rejected this challenge to the Indian Child Welfare Act. The Justice Department vigorously defended the statute before the Supreme Court and will continue to support the Indian Child Welfare Act and do everything in our power to protect Tribal communities and affirm Tribal sovereignty.”

Source: United States Department of Justice News

Remarks as Prepared for Delivery

Thank you, Heather. I want to extend my appreciation to you, the National Legal Aid and Defender Association, the Black Public Defender Association and Alaina Bloodworth and April Frazier Camara for your hospitality and leadership.

It really is an honor to be here. I am excited to celebrate the public defenders, mitigation specialists, executives, administrators and other professionals in this room, who have dedicated their careers to affirming the dignity and humanity of the people they represent.

This Monday, our nation will collectively commemorate and celebrate Juneteenth.  This holiday, which recognizes the end of enslavement for Black Americans, also marks the beginning of a long and continuing struggle for equality, equity and justice.  

We cannot celebrate Juneteenth without acknowledging the continued and pervasive injustices that continue to impact Black communities in this country. From Jim Crow, to disenfranchisement, to redlining, to disparate health outcomes, to mass incarceration – Black Americans, among other people of color, have shouldered a disproportionate burden of inequity.

And public defenders, and the professionals who support them, bravely remain at the front lines in this contemporary struggle for equality and civil rights.  Those here in this room advance the movement forward each day, with commitment and vigor, and usually without accolades or awards.

The reason I chose to join the legal profession was because I wanted to join this very fight. From the first day I set foot in a jail lockup in college, to the first day I entered misdemeanor arraignment court as a public defender, what continued to drive me forward every day was seeing mostly, some days only, communities of color, and specifically Black fathers, mothers, brothers and sisters cycling through the justice system.

You never had to cite statistics or numbers to me.

You didn’t need to tell me that Black Americans make up 38% of America’s incarcerated population despite representing only twelve percent of the population.

You didn’t need to tell me that Black litigants receive, on average, 4% higher court fines and lower rates of charge reductions in civil-infraction proceedings.

And you didn’t need to tell me that according to some studies, Black people receive sentences that are almost 10% longer than those of comparable white people arrested for the same crimes.

I saw it in the faces of my clients.

I know that many in this room have had this same experience and endured the unique toll of both belonging to and serving communities disproportionately impacted by the criminal legal system. How do we endure that contrast, that racial trauma and move forward in our work for social and racial justice?  

We must first recognize that Black defenders occupy a unique position in the movement for transformational and systemic change.

Second, we must rely on community, collaboration and strong collective organizations like BPDA for training, mentorship, and most critically – refuge. 

And third, we simply must fund public defense.

As we evaluate where we are, 60 years after Gideon, I am inspired by how public defenders have answered the call, responding directly to the needs of their communities. You’ve expanded your services beyond traditional criminal representation, adapted, and leveraged innovative client-centered programs to serve your communities.  You’ve done this despite incredible challenges and with limited resources.

Dr. Martin Luther King Jr. once said that “human progress is neither automatic nor inevitable.”

Indeed, this is why your fight matters.  Your perspectives, strategies, and expertise are critical not only within the confines of the criminal legal system, but within the broader struggle for equality, equity and justice.

So as I conclude, I charge you all as I charge myself, to continue to be bold and stand firm in an unapologetic demand for systemic change and equity.  Because if we abandon hope — for fear, exhaustion or apathy — the truest ideal of equal justice won’t ever be within reach.

Thank you for your service, and Happy Juneteenth.

Source: United States Department of Justice News

            WASHINGTON — A Tennessee man has been arrested on felony charges, including assaulting a law enforcement officer, for his actions during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Devin McNulty, 27, of Loudon, Tennessee, is charged in a criminal complaint filed in the District of Columbia with assaulting, resisting, or impeding officers, civil disorder, entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, engaging in physical violence in a restricted building or grounds, and an act of physical violence in a Capitol Building or on Capitol Grounds. He was arrested on June 13, 2023.

            According to court documents, on Jan. 6, 2021, McNulty was first seen among the crowd located on the west front of the Capitol building. From there, McNulty scaled the retaining wall to reach the upper west terrace of the U.S. Capitol. In surveillance footage, McNulty can be seen walking from the west side of the U.S. Capitol to the north side at 2:52 p.m. McNulty then followed the terrace around to the north door of U.S. Capitol, where a large group of rioters gathered and attempted to breach into the building.

            When McNulty approached the north door, he appeared to be affected by a chemical irritant, causing him to turn back to the crowd. As he did so, McNulty raised and pumped his fist into the air. Later, video footage shows an alarm coming from the Capitol building as well as loud music in the crowd. Eventually, some law enforcement officers moved between the rioters and the north door. One officer told the rioters, “Get back, everyone get back.” When the crowd demands that the officer let them into the Capitol building, the same officer responds, “I can’t do that.” McNulty is visible to the right of the officer.

            Later, additional law enforcement officers arrived to clear the terrace of the rioters. As that happened, McNulty stood in front of the line of officers and violently pushed against one officer’s riot shield multiple times over the course of several seconds. The officer, a member of the Prince George’s County Police Department, was interviewed about the incident after January 6. The officer claimed to distinctly remember the interaction with McNulty as aggressive and persistent. The officer explained that McNulty tried to gain control of their shields and that the officers had to exert increasingly more effort to counter McNulty’s force.

            This case is being prosecuted by the United States Attorney’s Office for the District of Columbia. Valuable assistance was provided by the United States Attorney’s Office for the Eastern District of Tennessee.

            This case is being investigated by the FBI’s Knoxville and Washington Field Offices, which identified McNulty as #485 on its seeking information photos. Valuable assistance was provided by the United States Capitol Police and the Metropolitan Police Department.

            In the 29 months since Jan. 6, 2021, more than 1,000 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including nearly 350 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing. 

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

A complaint or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice News

            WASHINGTON — An Oregon man was found guilty in the District of Columbia today of 11 felony and misdemeanor charges related to his actions during the Jan. 6, 2021, Capitol breach. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.

            Richard L. Harris, 42, of Happy Valley, Oregon, was found guilty after a bench trial before U.S. District Judge Carl J. Nichols of all charges, including obstruction of an official proceeding and aiding and abetting; two counts of civil disorder; two counts of assaulting, resisting, or impeding certain officers; entering and remaining in a restricted building or grounds, disorderly or disruptive conduct in a restricted building or grounds, engaging in physical violence in a restrictive building or grounds; disorderly conduct in a Capitol Building, act of physical violence in the Capitol grounds or buildings and parading, demonstrating, or picketing in a Capitol building.

            According to evidence presented at trial, Harris was one of the initial individuals who entered the Capitol building on Jan. 6, 2021.  Court documents state that before entering the Capitol, Harris took a selfie video in which he boasted that police “tear gassed us, front fucking line baby, we’re storming the Capitol.” Evidence showed that Harris then entered the Capitol through the northwest Senate Wing door at approximately 2:14 p.m., only one minute after the initial rioter entered the building.

            U.S. Capitol Police video surveillance and open-source video from inside the building show Harris menacing Capitol Police officers from the front of a large crowd, resulting in the officers moving aside so that Harris and the crowd could continue into the building.

            Harris then marched to the Rotunda, where he picked up a landline in the area and threatened, “Can I speak to Pelosi? We’re coming, bitch. Oh, Mike Pence? We’re coming for you, too, you fucking traitor.” Later, while still in the Rotunda, video surveillance and body-worn camera footage show Harris physically assaulting a Metropolitan Police Department officer. Harris grabbed the officer’s baton and pulled it, causing the officer to move forward toward Harris. Harris then remained in the Rotunda until he was forced out by officers at around 3:36 p.m., an hour and twenty-two minutes after entering the building.

            Court records state that Harris was identified in two widely distributed videos and a photo from that day. A media video titled “A Reporter’s Footage Inside the Capitol Siege” depicts Harris telling a police officer who appears to be blocking his path, “You’re outnumbered. There’s a fucking million of us out there, and we’re listing to Trump-your boss.”

            In additional media footage and photographs, Harris is seen standing on a statue of U.S. President Gerald Ford. According to court documents, Harris was identified via tips submitted do the FBI and cell phone location evidence which placed Harris in or near the Capitol that day.

            Harris was arrested on March 18, 2021, in the Southern District of Florida.

            Harris is scheduled to be sentenced on Sept. 27, 2023. A federal court judge will determine the appropriate sentence after considering all factors and the U.S. Sentencing guidelines. All charges carry potential financial penalties.

            This case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Southern District of Florida.

            This case is being investigated by the FBI’s Portland and Washington Field Offices. Valuable assistance was provided by the FBI Miami Field Office, U.S. Capitol Police, and the Metropolitan Police Department.

            In the 29 months since Jan. 6, 2021, more than 1,000 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including nearly 350 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing. 

            Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

Source: United States Department of Justice News

            WASHINGTON – Delmar Whitley, also known as Damar Whitley, 46, of Washington, D.C., is charged by indictment, filed today, with assault with intent to kill while armed and other charges stemming from the Aug. 31, 2022, shooting of one 17-year old, and the threat to shoot another 17-year old. The indictment was announced by U.S. Attorney Matthew Graves and Interim Chief Ashan M. Benedict, of the Metropolitan Police Department.

            Whitley was indicted by a Superior Court grand jury and charged with assault with intent to kill while armed with a firearm committed against a minor; aggravated assault while armed with a firearm committed against a minor; and two counts of assault with a dangerous weapon committed against a minor. Whitley also was indicted on charges of possession of a firearm during a crime of violence or dangerous offense, unlawful possession of a firearm, carrying a pistol without a license, possession of an unregistered firearm, and unlawful possession of ammunition.

            Whitley is to be arraigned on June 23, 2023, at a hearing before the Honorable Marisa Demeo.  He faces a maximum of 45 years in prison if convicted of the lead charge, and an additional 15 years if convicted of the assault on the second teenager.

            According to the government’s evidence, on Aug. 31, 2022, at about 9:27 a.m., Whitley returned home to the apartment building where he resided in the 4700 block of Alabama Avenue SE.  As he passed through the common area of the building, Whitley exchanged words with the first victim, a 17-year-old who was visiting the building before he and his classmates were to go to school.  According to the evidence, after that exchange, Whitley briefly went inside his apartment before coming back with a firearm and shooting the teenager in the face, and then chasing him outside and shooting him again in the back. Whitley is also accused of pointing the firearm at another teen who was also trying to get away.

            Following the assaults, Whitley fled the scene. Whitley was arrested on Sept. 22, 2022, and has remained in custody since his arrest.

            In announcing the charges, U.S. Attorney Graves and Interim Chief Benedict commended the work of those investigating the case from the Metropolitan Police Department.  They acknowledged the efforts of those who are working on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Christina Bloodworth and Paralegal Specialist Antoinette Sakamsa.  Finally, they commended the work of Assistant U.S. Attorneys Sarah Prins and Michael Roberts, who are investigating and prosecuting the case.

            An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.