It’s now time for jurors to hear the evidence of the government regarding the unprecedented attack on American democracy.
This week’s Capitol riot trial begins. Jury selection will begin Monday for the case against Guy Wesley Refitt. Texas man faces charges of bringing a firearm onto Capitol grounds and interfering with officers who guard the building. He also faces threats to his teenage children if he is reported to authorities. Jurors may hear opening statements by attorneys as soon as Tuesday.
Reffitt may be an indicator of many other Capitol riot cases. A conviction could give the prosecutors more leverage when negotiating with rioters who are facing the most serious charges. Others may be more inclined to wait until their day in court if they are acquitted.
Gregg Sofer, an ex-federal prosecutor who was U.S. Attorney for the Western District of Texas between October 2020 and February 2021, said that Reffitt is “truly the canary in a coal mine.”
“It will be fascinating to see how strong a government case is and whether they are relying upon evidence that, when tested and pushed, holds up. It will have a tremendous impact going forward,” said Sofer, who is now a partner in the law firm Husch Blackwell.
According to prosecutors, Reffitt was a member of a militia-style organization called the “Texas Three Percenters.” The Three Percenters militia movement refers back to the myth that only 3 percent of Americans participated in the Revolutionary War against Britain.
According to prosecutors, Reffitt, who was carrying a gun in a holster around his waist and wearing zip-tie handcuffs, was armed with a pistol and was wearing body armor, a helmet with a camera, and was charged with shooting at officers on the west side.
Prosecutors wrote in a court filing that “this action caused the police guarding the building’s building to retreat closer to it; soon thereafter, law enforcement was overwhelmed and rioters flooded into the building.”
Prosecutors said that Reffitt only retreated after an officer pepper-sprayed him in his face.
Prosecutors claim that Reffitt brought at least two firearms to Washington with him: an AR-15 rifle, and a Smith & Wesson gun. FBI agents searched Reffitt’s Wylie, Texas home and found a handgun concealed in a holster in his bedroom. According to the prosecution, photos and video taken during the riot by Reffitt show that he had a handgun holster placed on his right hip with what appears like a silver object in it.
According to prosecutors, Reffitt stated that he intended to “do a recon and then return for weapons hot” on Jan. 6 and sent messages about meeting at “rendezvous points”.
Prosecutors wrote that Reffitt’s messages and the weapons he carried, as well as the gear he wore, made it clear that the defendant didn’t come to D.C. to engage in peaceful activities.
Five people were killed in the siege, including one police officer. According to the Justice Department, more than 235 rioters were charged with assaulting and impeding law enforcement. They also injures over 100 officers. The Capitol was damaged by more than $1 million worth of rioters.
According to the Justice Department, its investigation generated unprecedented amounts of evidence. It has hundreds of thousands of documents and thousands upon thousands of hours worth of videos that it can share with defense lawyers. The department claims that the shared files are more than nine terabytes in size and would take more than 100 days to view.
Over 750 people were charged with federal crimes in connection to the riot. More than 200 people have pleaded guilty to misdemeanors that carry a maximum of six months imprisonment. More than 100 of the riot defendants have been sentenced. At least 90 other defendants are scheduled for trial this year.
Justin Danilewitz is a Philadelphia defense attorney who served as a federal prosecutor in New Jersey between 2012 and 2017. He said that a conviction in Reffitt’s case could lead to other riot defendants pledging guilty.
Danilewitz said that defendants can sometimes benefit from this because it’s better then the alternative, if the alternative is being convicted after a trial.
He said that an acquittal could encourage other defendants “dig in their heels” to either seek a better plea deal from prosecutors or risk a trial of themselves.
William Welch, the defense attorney, stated that there is no evidence Reffitt physically or mentally harmed anyone. Welch stated in a May 2021 court filing that no video or photo shows Reffitt having a gun at the Capitol.
He wrote that “In reality, neither of the officers interviewed by government said anything about firearms.”
Reffitt was arrested in Texas less that a week after the riot. Five charges are against him: obstruction of an office proceeding, being unlawfully present at Capitol grounds while armed, transporting firearms in a civil disturbance, interfering during a civil disorder and obstruction of justice.
After returning from Washington, Reffett allegedly threatened his son, then 18, as well as his daughter, then 16. The obstructing of justice charge stems out of the threats he allegedly made to them. Reffett ordered his children to choose a side or they would die and threatened to make them traitors if they didn’t report him to law enforcement.
Prosecutors wrote that “He foresaw future political violence in statements to his family as well as to his fellow militia members. He also boasted to other militia members about his participation in the riot and recruited other rioters to the militia. To prepare for further violence, he ordered bear spray and riot shields to be sent to his house.”
Prosecutors said messages recovered from Reffitt’s cell phone indicated that he intended to join an armed rebellion on Jan. 6, and occupy the Capitol.
“We had thousands upon thousands of weapons, but we fired no rounds and still didn’t show numbers.” According to prosecutors, he wrote that he would not be as cordial the next time.
U.S. District Judge Dabney Friedrich was appointed by President Donald Trump to preside over Reffitt’s trial. Friedrich has already sentenced nine rioters who have pleaded guilty.
Freidrich interviewed more than 30 potential jurors Monday to find out how closely they had followed the news coverage about the Capitol riot. Some people expressed strong opinions against Jan. 6, but Freidrich asked them how they could be fair and impartial.
Judge disqualified several jury members who claimed they would find it difficult to let go of their emotions or opinions about the riot. One man, who lives near Capitol Hill, described the riot as “an attack on his home in some way.”
He told the judge that it was “very scary”.
The jury selection process will resume Tuesday. Judge said that she hopes to appoint a jury to hear opening speeches later in the day.
Prosecutors anticipate calling around a dozen witnesses. This includes three Capitol police officers who interacted directly with Reffitt, and one officer in charge of U.S. Capitol Police command centre.
Jurors will be shown videos of Reffitt’s encounter with police. Audio recordings of Reffitt discussing the riot at his home are also available to the prosecution.
“We made an important point. According to prosecutors, Reffitt stated that it was a historic day during one of the recorded conversations. “And guess what? “But I’m not done yet. There’s still so much to do. This is just the beginning.
Reffitt’s daughter, son and a Texas Three Percenter member are also listed as witnesses to the government. Reffitt’s group member traveled to Washington with Reffitt between January 4 and Jan 8 2021.
Prosecutors wrote that Reffitt discussed during the trip (to Washington) about dragging the people out of Capitol by their ankles and installing a new government.
A court filing referring to the other militia member with initials “R.H.” states that the man will inform jurors that he was granted immunity from prosecution in return for his testimony.
Welch claims that Reffiitt was a rig manager, and a consultant to the petroleum industry prior to COVID-19 restrictions.
