Month: August 2023

Source: United States Department of Justice News

            WASHINGTON – Federal law enforcement, today, arrested Demarco Diggs, 26, of Aurora, Colorado, for trafficking-in dozens of firearms, including numerous firearms recovered in the Washington, D.C.-area. Diggs is charged by indictment with engaging in the business of dealing in firearms without a license, and illegally transporting firearms. Diggs will have a detention hearing on August 3, 2023 in the District of Colorado.

            The charges were announced U.S. Attorney Matthew M. Graves, ATF Special Agent in Charge Craig Kailimai, of the Washington Division, Acting United States Marshal Peter D. Marketos, of the District of Columbia, and Acting Chief Pamela Smith, of the Metropolitan Police Department.

            According to the indictment, from on or about June 2021 to March 2023, Diggs engaged in the business of dealing in firearms without a license. The indictment also charges Diggs with illegally transporting firearms into the District of Columbia on or about June and July of 2021.  Finally, the indictment seeks forfeiture of over two dozen firearms, as well as corresponding assorted ammunition, from Diggs. Among the firearms recovered, at least one has been linked to a D.C.-area shooting, and was traced back to Diggs as the purchaser.

            “This office, along with our law enforcement partners, will use every legal tool at our disposal to combat straw purchasing and choke off the dangerous flow of illegal guns into our city,” said U.S. Attorney Graves. “The message should be clear: unlawfully buying a gun for a prohibited person is a serious federal offense.”

            “Today’s announcement sends a clear message that participating in straw purchasing and firearm trafficking related schemes will have consequences. ATF continues to work with our law enforcement partners to ensure those who violate firearm related laws are held accountable,” said ATF Special Agent in Charge Kailimai. “One of our top priorities is to maintain public safety, so that citizens can feel safe in their communities.”

            “The United States Marshals Service for the District of Columbia (D/DC) is proud to work with our federal, state, and local partners in a coordinated effort to keep illegal firearms off the streets of Washington, D.C.,” said Acting United States Marshal Marketos. “We are committed to continue our joint efforts to ensure the apprehension of those individuals who engage in the illegal sales and transportation of firearms and other crimes that lead to violence. This apprehension is a perfect example of the lengths to which the United States Marshals Service will go to make our city safer for the community.”

            The forfeiture allegations represent the firearms recovered in Washington, D.C. as well as additional firearms recovered from a search of Diggs’s residence, and firearms that Diggs had advertised for sale.

            Each charge carries a statutory maximum sentence of five years in prison.  The sentence will be determined by the court after considering the advisory Sentencing Guidelines and other factors.

            This case was jointly investigation by the Metropolitan Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the United States Marshals Service (USMS), with assistance from ATF Denver Regional Anti-Violence Enforcement Network (RAVEN). It is being prosecuted by Assistant U.S. Attorneys Andy Wang and Matthew W. Kinskey of the Violence Reduction and Trafficking Offenses (VRTO) Section.

            An 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 — A Kentucky man has been arrested on felony and misdemeanor charges related to 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 presidential election.

            Barry Saturday, 43, of Lexington, Kentucky, is charged in a criminal complaint filed in the District of Columbia with a felony offense of civil disorder. In addition to the felony, Saturday is charged with several misdemeanor offenses, including knowingly entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, and disorderly conduct in a Capitol building.

            Saturday was arrested today in Lexington and made his initial appearance in the Eastern District of Kentucky.

            According to court documents, Saturday was identified on closed-circuit television (“CCTV”) footage among the crowd of rioters at the U.S. Capitol building and grounds on Jan. 6, 2021. In this footage, Saturday is seen participating in a coordinated “heave-ho” push against a police line in the Lower West Terrace tunnel.

            Court documents say that at approximately 2:54 p.m., Saturday is seen approaching the entrance to the tunnel and advancing through the crowd while taking pictures or videos with his cell phone. Saturday is then seen advancing closer to the police line while the crowd of rioters in the tunnel begins a coordinated “heave-ho” push against the officers. Saturday then leaves and reenters the tunnel serval times before rushing forward toward the police line and pushing against the backs of other rioters. Video footage shows Saturday putting his head down to brace himself as he continues to join others in the coordinated “heave-ho” effort. Shortly afterward, law enforcement officers succeed in pushing the rioters, including Saturday, out of the tunnel entrance.

            Saturday remained among the crowd of rioters until approximately 4:15 p.m. before making his way back to the mouth of the tunnel and again pushing against the police line with other rioters.  At about 4:18 p.m., Saturday makes his way further into the tunnel and joins another “heave-ho” effort. Saturday and other rioters were then forced from the tunnel as law enforcement officers deployed pepper spray.

            Court documents say that Saturday then reappeared on CCTV at approximately 4:26 p.m. at the tunnel’s entrance wearing goggles that covered both his eyes. In the CCTV footage, it appears that Saturday is observed assisting other rioters while confronting law enforcement. Soon thereafter, a violent struggle ensued between law enforcement and rioters, and Saturday disappears from the camera’s view. Court documents state that Saturday remained in the Lower West Terrace tunnel and the surrounding area for at least 1 hour and 36 minutes, from 2:50 p.m. to 4:26 p.m.

            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 Eastern District of Kentucky.

            The case is being investigated by the FBI’s Louisville and Washington Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

            In the 30 months since Jan. 6, 2021, more than 1,069 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 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 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 – A Kentucky man pleaded guilty today to two felony charges 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.

            Joseph Howe, 41, of Magnolia, Kentucky, pleaded guilty in the District of Columbia to obstruction of an official proceeding and assaulting, resisting, or impeding law enforcement officers. Howe is scheduled to be sentenced on Oct. 20, 2023.

            According to court documents, Howe, who was outfitted with a plate carrier vest, goggles, and a respirator mask, marched with a group to the Capitol building and announced to a man with a video camera, “We’re getting in that building.” When the man disagreed, Howe repeated, “We’re getting in.”

            Wearing goggles and a gas mask, Howe entered under the scaffolding that covered the Capitol’s Northwest staircase and encountered a group of rioters confronting a line of police officers. Court documents say that Howe grabbed a riot shield from the hands of a U.S. Capitol police officer. Members of the mob then attacked the officer leaving him with a concussion and head trauma that required treatment at a hospital.

            Howe continued up the stairs in possession of a police baton. Making his way toward the front of the crowd, he grabbed a bike rack barrier away from a line of police and helped to pass it back to the mob. Howe and the other rioters broke through additional phalanxes of officers and were among the first rioters to reach the Upper West Terrace and the Senate Wing Door. Howe forcefully kicked at the door. Rioters who were already inside opened the door. Passing through the Crypt to the Memorial Door, Howe removed his respirator mask and camouflage jacket, revealing his tactical armored vest. Joining with a crowd of rioters, Howe pushed through a small makeshift line of officers, grabbed a fire extinguisher, and fired it toward a group of police, hitting one of them directly in the eyes with the chemical agent.

            Howe was arrested on Oct. 28, 2022, in Kentucky.

            A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

            This case was 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 Western District of Kentucky.

            The case was investigated by the FBI’s Washington and Louisville Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

                       In the 30 months since Jan. 6, 2021, more than 1,060 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 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.