Jury Finds District Man Guilty of Unlawful Possession of a Firearm

Source: United States Department of Justice News

            WASHINGTON – A jury, sitting in U.S. District Court in the District of Columbia, today found Jonathan Johnson, 35, of Washington, D.C., guilty of unlawful possession of a firearm by a convicted felon. The verdict follows a three-day trial before the Honorable Florence Y. Pan, who scheduled a sentencing hearing for November 15, 2023.

            According to the evidence presented at trial, shortly after 6:00 pm, on Tuesday, December 29, 2020, members of the Metropolitan Police Department patrolling on 13th Street SE, Washington, D.C., saw the defendant crouch behind his car and heard a gun dropped on the concrete curb. MPD Officers approached the defendant and found a gun lying where the defendant was previously bent down. Further examination revealed that the gun was modified with a “giggle” or “selector” switch, which turned the semi-automatic gun into a fully automatic machine gun. In addition, the firearm was loaded with 22 bullets in an extended magazine.

            In announcing the conviction, U.S. Attorney Graves commended the work of those who investigated the case from the Metropolitan Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. They also expressed appreciation to those who worked on the case form the U.S. Attorney’s Office, including Assistant U.S. Attorneys Kevin Birney, Lauren Renaud, Janani Iyengar, William G. Hart, who investigated the case, and Josh A. Gold and Colin Cloherty who prosecuted the case.

Washington State Man Arrested on Felony and Misdemeanor Charges for Actions During Jan. 6 Capitol Breach

Source: United States Department of Justice News

            WASHINGTON – A Washington state 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.

            Benjamin John Silva, 36, of Yacolt, Washington, is charged in a criminal complaint filed in the District of Columbia with a felony offense of civil disorder. In addition to the felony, Silva is charged with several misdemeanor offenses, including entering or 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 impeding passage through the Capitol grounds or buildings.

             Silva was arrested today in Portland, Oregon, and made his initial appearance in the District of Oregon.

             According to court documents, law enforcement officials identified Silva as present among the crowd of rioters resisting police lines on Jan. 6, 2021, at the tunnel entrance of the Capitol building’s Lower West Terrace. Court documents say that in open-source video footage, an individual, later identified as Silva, can be seen participating in the collective push against the police line formed in the tunnel. Additional video footage reviewed by law enforcement shows Silva at the front of the police line with a hand placed against an officer’s riot shield.

             Court documents state that open-source video from the tunnel entrance show Silva as he makes his exit from the tunnel with his eyes closed and tearing, a common reaction to being pepper sprayed. An unknown individual then attempts to pour water on Silva’s eyes and face. Another individual then asks Silva, “What’s your name? Where you from?” Silva replies, “Ben Silva.” The other then asks, “What state?” to which Silva replies, “Washington State.” Silva then appears to exit the tunnel.

             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 Western District of Washington and the District of Oregon.

             The case is being investigated by the FBI’s Seattle and Washington Field Offices. Valuable assistance was provided by the FBI’s Portland Field Office, 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.

Former D.C. Police Union Vice Chairman Sentenced for Time and Attendance Fraud Scheme

Source: United States Department of Justice News

            WASHINGTON – Medgar Webster Sr., 52, of Washington, D.C., was ordered to pay full restitution to the District of Columbia for defrauding the city and the Metropolitan Police Department of $33,845.59. Superior Court Judge Errol Arthur sentenced Webster to six months in jail, suspended, 6 months of supervised probation, and 54 months of unsupervised probation.

            Webster pleaded guilty on May 15, 2023, in Superior Court, to one count of first-degree felony fraud for committing time and attendance fraud on the Metropolitan Police Department.

            According to court documents, Webster, a former MPD officer and Vice Chairman of the D.C. Police Union, engaged in unauthorized outside employment at three Whole Foods Market locations in Washington, D.C. between January 2021 and April 2022, while concurrently employed by MPD.  Although employment outside of MPD may be permitted in certain circumstances, Webster never submitted the necessary administrative forms or received the proper authorizations, which are required by MPD, in part, to maintain records of an MPD member’s hours worked throughout the year.

            Acting unchecked during this period, Webster stole more than $33,845 from MPD after billing MPD for regular, overtime and holiday hours that he never worked. In total, Webster worked more than 1,400 hours of outside employment at Whole Foods, of which 514 hours were worked simultaneously with time he fraudulently reported working for MPD. This double-billed time included submissions by Webster for 246.5 hours in overtime pay, at an adjustable hourly rate of $79.67 per hour.

            This fraud prosecution is the result of a partnership between the Office of the Attorney General and the U.S. Attorney’s Office for the District of Columbia.

            In announcing the guilty plea, U.S. Attorney Graves, D.C. Attorney General Schwalb, and MPD Acting Chief Smith commended the work of those who investigated the case from the Metropolitan Police Department’s Internal Affairs Division. They also expressed appreciation for the work of those who investigated and prosecuted the matter, including Assistant U.S. Attorney Benjamin D. Bleiberg, and former Special Assistant U.S. Attorney Bayly Leighton, on detail from the Office of the Attorney General to prosecute local fraud and public corruption cases.

Pennsylvania Man Sentenced for Assaulting Law Enforcement During Jan. 6 Capitol Breach

Source: United States Department of Justice News

            WASHINGTON – A Pennsylvania man was sentenced today for assaulting law enforcement officers and other 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 2020 presidential election.

            Brian Gundersen, 28, of State College, Pennsylvania, was sentenced today by U.S. District Judge Rudolph Contreras to 18 months in prison, 36 months of supervised release, and ordered to pay $2,000 in restitution to the Architect of the Capitol.

            Gundersen was found guilty of two felony charges, including obstruction of an official proceeding and assaulting, resisting, or impeding law enforcement officers on Nov. 9, 2022, following a stipulated trial before U.S. District Judge Thomas F. Hogan.

            According to court documents, Gundersen traveled from his home in Pennsylvania with his mother to Washington D.C., to attend a rally. Prior to his arrival in D.C., Gundersen asked on Facebook if anyone else was “going to DC on the 6th” and suggested, “we might be able to bum rush the white house and take it over.”

            According to the stipulated facts of the trial, on Jan. 6, 2021, Gundersen illegally entered the Capitol grounds, joining a mob of rioters climbing the Northwest Steps. At about 2:30 p.m., Gundersen climbed up to a window in the Northwest Courtyard, next to the Senate Wing Door. While there, he shouted at officers inside the Capitol building. At about 2:42 p.m., Gundersen joined a mob entering the building; he was one of the first rioters to enter the Capitol through the Parliamentarian Door. As rioters engaged in a confrontation with officers, Gundersen waved more into the door.

            Gundersen then entered the Parliamentarian’s Office. While inside, he saw rioters ransacking the room, wrecking furniture, stealing, and throwing papers to the floor. He spent about eight minutes in the office and wrote a note while there, expressing mock remorse: “sowwy for damage,” with a crying emoticon. Gundersen then continued moving through the building, being forced out by officers at about 3:07 p.m.

            Gundersen then returned to the Northwest Courtyard and re-entered the Capitol. He was once again forced out by officers. He remained on the grounds, however, moving to the Northwest Terrace. There, he joined a mob that was confronting officers trying to clear that area. Gundersen then rushed an officer, hitting the officer with his arm. He was pushed back by another officer using a riot shield.

            In the days after Jan. 6, Gundersen posted on social media, stating, among other things, “we all stormed the us capital and tried to take over the government” and posted a photograph of members of Congress taking cover during the attack on the Capitol, along with the message, “Look at these scared little bitches.”

            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 Middle District of Pennsylvania.

            This case was investigated by the FBI’s Washington Field Office, which identified Gundersen as #456 on its seeking information photos, and the FBI’s Philadelphia Field Office. Valuable assistance was provided by the Metropolitan Police Department and the U.S. Capitol Police.

            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. 

Florida Couple Pleads Guilty to Charges Related to Actions During Jan. 6 Capitol Breach

Source: United States Department of Justice News

            WASHINGTON – A Florida couple pleaded guilty today to felony and misdemeanor charges related to their actions during the breach of the U.S. Capitol on Jan. 6, 2021. Their 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.

            Jamie Buteau, 50, and Jennifer Buteau, 46, of Ocala, Florida, entered their guilty pleas in the United States District Court for the District of Columbia. U.S. District Judge Randolph D. Moss scheduled a sentencing hearing for October 20, 2023.

            Jamie Buteau pleaded guilty to a felony offense of assaulting, resisting, or impeding certain officers. Jennifer Buteau pleaded guilty to a misdemeanor offense of parading, demonstrating, or picketing in a Capitol building.

            According to court documents, the Buteaus traveled from their home in Florida to Washington, D.C., to protest the results of the 2020 Presidential Election on Jan. 6, 2021. At approximately 2:25 p.m., the Buteaus entered the U.S. Capitol building through the Senate Wing Door after the door had been breached, and an adjacent window broken by a crowd of rioters. Once inside, the couple moved with a large mob to a lobby separating the Crypt from the Capitol Visitors Center.  

            As the Buteaus moved to the lobby, U.S. Capitol Police Officers attempted to establish a line to hold back the rioting mob. Court documents state that the Capitol Police Officers, overwhelmed by the rioters, began to retreat from the area and attempted to pull down a set of rolling doors that would have protected the officers and separated the lobby from the Visitors Center. As these doors were closing, the rioters blocked the doors to prevent them from closing. Jamie Buteau picked up a chair and threw it at the officers. The chair bounced off the wall and hit one officer in the arm.

            The Buteaus then walked through the Capitol building, including the Visitors Center, orientation lobby, and Crypt, before exiting through the House wing doors at approximately 2:45 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 Middle District of Florida.

            The case is being investigated by the FBI’s Washington Field Office, which identified Jamie Buteau as #188 in its seeking information photos, as well as the Metropolitan Police Department, with significant assistance provided by the U.S. Capitol Police and FBI’s Jacksonville Field Office.

            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.