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Most North Texas defendants in Capitol riot case still await trial or punishment

A year after roughly two dozen men and women from the Dallas-Fort Worth area stormed the Capitol with an angry mob of Trump supporters, two have landed in prison for their conduct. And trials have been postponed due to COVID.

One year ago, they massed outside the besieged U.S. Capitol building in Washington, D.C. with thousands of other angry Donald Trump supporters.

The roughly two dozen men and women from the Dallas-Fort Worth area believed, like everyone else, that the election had been stolen. Some lingered on the Capitol grounds and took selfies amidst the chaos; some breached the building — including the Senate Chamber — with the mob; and others beat police officers with their feet, fists and any objects they could find, according to prosecutors.

On the anniversary of the historic Jan. 6 insurrection, most of the North Texas defendants continue to await trial and mull over government plea offers on an array of different charges with about 700 other defendants from across the nation. One of them, Guy Reffitt, a Wylie militia man, had been poised to become the first alleged rioter to face a federal jury in Washington. His trial, scheduled to begin in February, was canceled due to a spike in COVID-19 cases, court records say.

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Two others have already been sentenced to time behind bars after pleading guilty. One was a felony case involving threats of violence that resulted in a 14-month prison term for Troy Smocks, 58, of Dallas. The other was a misdemeanor case against 51-year-old Frisco real estate broker Jennifer Ryan that ended in a 60-day sentence she is currently serving in a minimum-security prison in Bryan.

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A third defendant has pleaded guilty to a misdemeanor for storming the Capitol. Kevin Sam Blakely, 55, a windshield repairman from McKinney, currently awaits sentencing, records show.

A federal affidavit included this still frame from a Fox News broadcast that authorities say...
A federal affidavit included this still frame from a Fox News broadcast that authorities say shows Guy Reffitt, 48, of Wylie on the West Front of the U.S. Capitol building during the Jan. 6, 2021, riot in Washington, D.C.(Federal Bureau of Investigation)
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Legal experts say the expected sentences depend on a number of factors, such as the nature of the offense and the defendant’s background. Dan Guthrie, a former federal and state prosecutor who is in private practice in Dallas, said an agreement for probation would be “difficult to turn down.”

“As both sides get closer to a trial, plea discussions generally intensify,” he said. “I expect that to happen in these cases.”

Most of the cases involve relatively minor misdemeanor charges. But North Texans are among the relatively few highly organized militia members who came armed, prepared for war and ready to take hostages, prosecutors say. They are accused of attacking police or threatening violence against politicians and others.

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Many of their pretrial legal defense maneuverings have so far been rejected, including two notable legal challenges recently shot down by Trump-nominated federal judges. In those cases, Garret Miller of Richardson and David Lee Judd of Carrollton argued they were the victims of politically motivated selective prosecution.

But the judges ruled that the men failed to demonstrate that their cases were similar enough to those involving protestors who rioted outside a closed federal courthouse building in Portland, Ore. during the George Floyd protests in the summer of 2020.

“Although both Portland and January 6 rioters attacked federal buildings, the Portland defendants primarily attacked at night, meaning that they raged against a largely vacant courthouse,” U.S. District Judge Trevor McFadden wrote in his Dec. 28 order in Judd’s case.

“In contrast, the January 6 rioters attacked the Capitol in broad daylight. And many entered it. Thousands of congressional staffers walked the Capitol’s corridors that day. So did hundreds of legislators and the Vice President,” the judge wrote.

Many of the cases against the North Texas defendants, unlike those who rioted in Portland, were put together with help from the accused themselves, in the form of public social media posts and recordings they made of themselves.

Nicholas DeCarlo and a friend, for example, posed in photographs in front of a door inside the Capitol with the name of his organization, Murder the Media, carved into the wood, court records say. Images obtained by prosecutors reportedly show the pair caught in the act.

“They marked their territory by defacing the Memorial Door,” wrote Assistant U.S. Attorney Alexis Loeb.

Nicholas DeCarlo (left) and Nicholas Ochs (rear) are seen with Jacob Chansley (right), who...
Nicholas DeCarlo (left) and Nicholas Ochs (rear) are seen with Jacob Chansley (right), who was arrested Jan. 9, 2021, on charges related to his part in the U.S. Capitol building invasion.(U.S. Department of Justice / U.S. Department of Justice)
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And GPS tracking on the defendants’ phones, also secured by investigators, helped place the accused at the scene of the crime. Others like Reffitt wore video cameras — later obtained by prosecutors — that documented their activities during the assault on the Capitol.

Most of the local defendants are free while they await trial or a plea bargain. The handful who remain behind bars are accused of fighting with or attacking police officers who were defending the Capitol on Jan. 6, 2021.

Guthrie said the legacy of this massive and historic prosecution will be the message it sends.

“If you tug on Superman’s cape, there are consequences,” he said.

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Political motive?

The “selective prosecution” defense has also been used by other alleged pro-Trump rioters. In these cases, defense attorneys tried to make their case by comparing their clients’ circumstances with those of people who rioted in Portland during the 2020 social justice protests.

But the selective prosecution defense has a high bar to clear and is therefore seldom used. The Supreme Court has ruled that prosecutors have broad discretion in their decisions.

Judd, 35, a “professional driver,” is accused of trying to breach a Capitol tunnel and tossing a firecracker at officers during one of many scuffles.

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Miller, 34, a former factory worker, allegedly drove to Washington with several guns, breached the Capitol and posted death threats online directed at a Capitol police officer and a Democratic House member.

Judd’s attorney, Elizabeth Mullin, had argued that her client and other Jan. 6 defendants were being prosecuted more harshly — by a “Democratic administration.” She said about two dozen defendants arrested during the Portland unrest had their charges dismissed while her client, who she said caused no injuries, received a plea offer from the government that would result in up to 57 months in prison.

David Lee Judd tossed a firecracker at police officers guarding a tunnel entrance to the...
David Lee Judd tossed a firecracker at police officers guarding a tunnel entrance to the U.S. Capitol during the Jan. 6 insurrection, the FBI says.(FBI)

But McFadden agreed with prosecutors that the Capitol riot cases were significantly different.

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The judge, however, noted that Judd raised “some troubling patterns in the Portland prosecutions.” McFadden said the government dismissed charges against some of the Portland defendants who were accused of felonies for assaulting officers. The cases were cited in Judd’s motion.

“Therein lies a troubling theme,” the judge wrote. “Dismissal of one felony case is unusual. Dismissal of five is downright rare and potentially suspicious.”

But Judd’s allegation of improper government motives did not “fit reality,” McFadden wrote.

A Republican-appointed U.S. attorney made the initial charging decisions in Portland, including the later decision to dismiss some cases, he said. And Trump’s justice department dismissed charges against a Portland protester accused of hurling a firework at police. Moreover, when Joe Biden became president, his justice department continued prosecuting many Portland defendants who are accused of assaulting police officers, the judge wrote.

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“Those decisions by both administrations undermine Judd’s theory that DOJ purposefully prosecuted him for his politics,” McFadden wrote in his order.

U.S. District Judge Carl Nichols reached a similar decision around the same time in Miller’s case.

“The Portland rioters’ conduct, while obviously serious, did not target a proceeding prescribed by the Constitution and established to ensure a peaceful transition of power,” he wrote. “Nor did the Portland rioters, unlike those who assailed America’s Capitol in 2021, make it past the buildings’ outer defenses.”

Judd’s attorney could not be reached for comment.

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Clint Broden, an attorney for Miller, said his client is “very remorseful” and that “we are trying to resolve the case.” He added that Miller, however misguided, believed he was “operating under the implicit direction” of then-President Trump.

“Nevertheless no charges have been brought against the cult leader,” Broden said.

Guthrie said about 15 months in prison can be expected for the more serious Jan. 6 cases, depending on the nature of the conduct and the defendants’ criminal history.

The longest sentence, as of mid-December, had gone to a Florida man who flung a fire extinguisher at police officers, according to published reports. Robert Palmer, 54, was given five years in prison last month for his role in the violent siege.

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Ready for battle

The two dozen men and women from North Texas who were charged in connection with the Jan. 6 insurrection include professionals like real estate agents, a pilot and a web designer.

Also among them are an oil rig worker, a motorcycle mechanic, an actor, a visual artist and military veterans such as a retired Air Force lieutenant colonel.

They traveled by road and by air to Washington, D.C. from Texas, including three who took a private jet.

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Others had tactical training in private militias. Prosecutors have focused much of their investigative resources on such defendants, some of whom are thought to have engaged in pre-planning and coordination.

Three such extremist groups — the Proud Boys, the Three Percenters and Oath Keepers — are under particular scrutiny. A number of their adherents who allegedly assaulted the Capitol in body armor and tactical gear are facing more serious felony conspiracy charges.

Tarrant County residents Lucas Denney and Donald Hazard are accused of fighting with police defending the Capitol building.

The FBI says this photo shows Donald Hazard fighting with Capitol police on Jan. 6.
The FBI says this photo shows Donald Hazard fighting with Capitol police on Jan. 6.(Justice Department)
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Denney, 44, of Mansfield, is an Army veteran and president of Patriot Boys, a Fort Worth militia group. And Hazard, 43, of Hurst, served as the group’s sergeant at arms.

The Patriot Boys’ website says the organization, founded in 2018, is a “political club” committed to ridding the government of communism.

“We are committed to protecting our neighbors, neighborhoods and businesses from radical domestic terrorist groups such as ANTIFA and BLM,” the website says. “Most importantly, we are the few who stand up to tyranny instead of sitting back doing nothing. We are 3%er’s.”

Denney’s attorney declined to comment. Hazard’s attorney could not be reached.

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Reffitt led the charge up the Capitol steps, armed with a pistol, according to court records. Prosecutors say he is aligned with the Three Percenters, or 3%ers, an extremist militia movement, and had engaged in pre-planning. His attorney could not be reached.

DeCarlo, 30, of Burleson, is a self-described Proud Boy who joined the mob rampaging inside the Capitol with his friend, Nicholas Ochs, founder of the Proud Boys’ Hawaii chapter, court records say.

Prosecutors wrote in a filing two days before Christmas that the duo also stole flexible handcuffs belonging to the Capitol Police and “posted their exploits” to social media, along with videos of them ”narrating the riot.”

DeCarlo, who was “singing and smiling” during the chaos, at one point declared: “we’re all felons! Yeah! Felony charges! Felony charges!” according to court records. DeCarlo’s attorney could not be reached.

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Larry R. Brock Jr., 53, a retired Air Force lieutenant colonel who works in the defense industry, is accused of breaching the Senate Chamber wearing a helmet and other tactical gear. Prosecutors said he made disturbing comments in social media posts about a coming civil war, with nods to the Oath Keepers and the Three Percenters. His attorney could not be reached.

Mary B. McCord, executive director of Georgetown University Law Center’s Institute for Constitutional Advocacy and Protection, wrote Gov. Greg Abbott last year to warn of the public safety threat posed by “unauthorized militia groups” in Texas.

Air Force veteran Larry Brock Jr. confirmed to The New Yorker magazine that this widely...
Air Force veteran Larry Brock Jr. confirmed to The New Yorker magazine that this widely circulated image from Wednesday's shocking scene in the U.S. Senate chamber shows him in the upper left, wearing combat gear.(Win McNamee / TNS)

“The extremist worldviews that undergird unauthorized militia activity also can give rise to acts of domestic terrorism,” she wrote in the letter.

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Other locals accused of committing violence on Jan. 6 are: Daniel Ray Caldwell, 49, of The Colony (spraying police with chemical irritant); Luke Russell Coffee, 41, of Dallas (assaulting police with a crutch); Thomas John Ballard, 53, of Fort Worth (assaulting police with a baton and tabletop); and Robert Wayne Dennis, 61, of Garland (punching and tackling an officer).

All have pleaded not guilty and are awaiting trial. Their attorneys could not be reached for comment.

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North Texans charged in connection with Jan. 6 events

Here are the North Texans who have been charged in connection with the events of Jan. 6:

Thomas Ballard, 35, of Fort Worth: The motorcycle mechanic is charged with multiple felonies, accused of assaulting police with a baton and hurling a “tabletop” at them during the riot. Detained pending trial.

Kevin Sam Blakely, 55, of McKinney: A windshield repair worker, he allegedly breached the Capitol. He pleaded guilty to a misdemeanor and is free while awaiting sentencing next year.

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Larry R. Brock Jr., 53, of Grapevine: The retired Air Force lieutenant colonel and defense contractor is accused of storming the Capitol and breaching the Senate Chamber. Released pending trial.

Daniel Ray Caldwell, 49, of The Colony: The former Marine is accused of spraying Capitol police with a chemical irritant. Detained pending trial.

Luke Russell Coffee, 41, of Dallas: The local actor is accused of assaulting Capitol police with a crutch. Released pending trial.

Thomas Paul Conover, 53, of Keller: The vehicle dent repairman allegedly boasted on Facebook about his romp inside of the U.S. Capitol with beer can in hand. Released pending trial.

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Nolan Bernard Cooke, 22, of Savoy: He allegedly documented himself taking part in the Capitol siege. Released pending trial.

Matthew DaSilva, 49, of Lavon: The Collin County Navy vet is allegedly captured on video “grabbing, pushing and pulling” on riot shields held by police guarding a Capitol building entrance. Released pending trial.

Nicholas DeCarlo, 30, of Burleson: The self-described Proud Boy is accused of defacing the Capitol during the breach by carving the words “MURDER THE MEDIA” on a door inside the building, with help from a fellow Proud Boy. Released pending trial.

Lucas Denney, 44, of Mansfield: The Army veteran and president of the Patriot Boys, a Fort Worth militia group, is accused of fighting with police at the Capitol. Detained pending trial.

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Robert Wayne Dennis, 61, of Garland: The graphic and comic book artist is accused of assaulting officers defending the Capitol. Released pending trial.

Daniel Goodwyn, 32, of Corinth: The web page designer was reportedly captured on video inside the Capitol building with a mob that forced its way inside. Released pending trial.

Donald Hazard, 43, of Hurst: The alleged Fort Worth militia member is accused of fighting with police at the Capitol. Detained pending trial.

Jason Lee Hyland, 37, of Frisco: A real estate agent, he flew on a private plane with co-defendants Jennifer Ryan and Katherine Schwab to the Capitol and is accused of disorderly conduct and violent entry. Released pending trial.

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David Lee Judd, 35, of Carrollton: The professional driver is accused of throwing a firecracker at police officers while trying to violently shove his way into the U.S. Capitol with a mob. Released pending trial.

Garret Miller, 34, of Richardson: The former factory worker is charged with storming the Capitol building and making death threats against members of Congress and Capitol Police. Detained pending trial.

Kerry Wayne Persick, 41, of Trophy Club: He is accused of breaching the Capitol building. Released pending trial.

Daniel D. Phipps, 48, of Garland: A pilot, he took a photo of himself inside the Capitol. Released pending trial.

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Guy Reffitt, 48, of Wylie: The oil rig worker and reputed member of the extremist militia group known as “Three Percenters” allegedly led the charge onto the Capitol building steps during the assault. Detained pending trial.

Jennifer “Jenna” Ryan, 51, of Frisco: The real estate broker who boasted of flying to D.C. to storm the Capitol is serving a 60-day sentence in federal prison in Bryan after pleading guilty to a misdemeanor offense.

Katherine Staveley Schwab, 32, of Colleyville: The real estate agent flew on a private plane with Ryan and Hyland to the Capitol and allegedly breached the building and committed an act of violence. Released pending trial.

Troy Anthony Smocks, 58, of Dallas: The police and military impersonator was sentenced to 14 months in prison for making threats online against Democrats and other “traitors.”

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Note: ages listed were as of the date of arrest.