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The date for the four area men accused of various criminal offenses in connection with the January 6 U.S. Capitol breach has been pushed back.  The start  date for the defendants has been delayed several times now, since criminal charges were filed in 2021.  The latest scheduled court  date of April 30, has been extended to May 23. 

The proceedings have been held as on-line hearings before U.S. Judge Contreras.

Robert and Isaac Westbury and Aaron James were subjects of a grand jury indictment Sept. 29, 2021.  Jonah Westbury was charged with four misdemeanor offenses March 29,2021.  Isaac Westbury and Aaron James (stepbrother) additionally face felony charges involving a dangerous weapon. 

They all have entered not guilty pleas and are released on conditions. The four defendants are moving through the court process as a group.

Charges range from entering and remaining in a restricted building and parading and demonstrating without authorization, to assault of law enforcement officers.

The judge has rejected motions to dismiss charges based on arguments that their actions were protected as free speech, for one example.  Their attorneys  have also unsuccessfully argued access to the site was allowed because it is public property.    

In recent weeks the team of attorneys representing the men has changed, via a mandatory withdrawal motion, with the most recent motion approved March 4, 2024.  

The documents available on-line at the U.S. Court PACER public information database, say the extension was partially based on a request for additional time for new attorneys to get up to speed and in the interest of “judicial efficiency” a delay is supported by the fact there is a pending Supreme Court decision.  (The Court could rule on  accepting Fischer v U.S. possibly by the end of June, and that may have an impact on obstruction charges.)

In the 39 months since the January 6 attack on the Capitol, to disrupt the Congressional process affirming election tallies, the U.S. Attorney’s Office has filed charges against 1,387 persons in nearly all 50 states.  

The felony guilty plea count is 244, and 547 have pled guilty to misdemeanors.

Approximate value of property damages as estimated by Capitol Police and property damages to the grounds itself during the breach,  is $2.8 million.

The FBI is still accepting tips and leads on participants involved, and if you want to view the video images see. www.fbi.gov/wanted/capitolviolence. If you want to provide a tip call 1-800-225-5324 or visit tips.fbi.gov

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