First U.S. Capitol rioter to stand trial convicted on all counts after teenage son testifies


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A Texas man was convicted Tuesday of storming the U.S. Capitol with a holstered handgun, interfering with police and of threatening his two teenage children if they reported him to law enforcement after the riots of January 2021. 

A federal jury in Washington, D.C. deliberated for roughly three hours before they found Guy Wesley Reffitt guilty of five counts: obstruction of an official proceeding, being unlawfully present on Capitol grounds while armed with a firearm, transporting firearms during a civil disorder, interfering with law enforcement officers during a civil disorder, and obstruction of justice.

Reffitt, 49, of Wylie, Texas, didn’t testify at his trial, which started last Wednesday. He didn’t visibly react to the verdict, although his face was partially covered by a mask.

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Authorities said Guy Reffitt participated in the deadly storming of the U.S. Capitol. His family said he made threatening remarks to prevent them from talking to authorities, according to court documents. 
(FBI)

Reffitt’s conviction is linked to the Capitol riots of Jan. 6, 2021, when a mob of over a thousand people stormed the grounds of the U.S. Capitol, with some barging into the building. Reffitt’s was the first trial among hundreds of cases arising from last year’s riot.

More than 750 people have been charged with federal crimes related to the riot. Over 220 of them have pleaded guilty, mostly to misdemeanors. and over 110 of them have been sentenced. Approximately 90 others have trial dates.

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In a press release from immediately after his conviction, the U.S. Department of Justice described how Reffitt “was specifically targeting Speaker of the House Nancy Pelosi and Senate Majority Leader Mitch McConnell.”

This artist sketch depicts Judge Dabney Friedrich looking out from the bench during jury selection for Guy Wesley Reffitt, joined by his lawyer William Welch, top right, in Federal Court, in Washington, Monday, Feb. 28, 2022.

This artist sketch depicts Judge Dabney Friedrich looking out from the bench during jury selection for Guy Wesley Reffitt, joined by his lawyer William Welch, top right, in Federal Court, in Washington, Monday, Feb. 28, 2022.
(Dana Verkouteren via AP)

“At one point, Reffitt’s camera recorded him saying, ‘We’re taking the Capitol before the day is over,’” the DOJ said. “By approximately 1:50 p.m., Reffitt was at the front of a pack that charged U.S. Capitol Police officers at the terrace on the west side of the Capitol building. He climbed a banister, led the mob up staircases outside the Capitol building, and kept advancing on the officers holding the police line, even as he was struck repeatedly by the officers’ less than lethal projectiles and O.C. spray.” 

During the trial’s closing arguments on Monday, Assistant U.S. Attorney Risa Berkower told jurors that Reffitt drove to Washington, D.C., intending to stop Congress from certifying President Joe Biden’s electoral victory. Reffitt proudly “lit the fire” that allowed others in a mob to overwhelm Capitol police officers near the Senate doors, the prosecutor said.

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Reffitt was not accused of entering the Capitol building. Defense attorney William Welch said there is no evidence that Reffitt damaged property, used force or physically harmed anybody.

This artist sketch depicts Guy Wesley Reffitt, bottom right, joined by his lawyer William Welch, third from right, listening as prosecutor Risa Berkower, speaks at the podium at center, as a video depicts a handgun on the waist of Reffitt, at left, for members of the jury and audience in Federal Court, in Washington, Monday, March 7, 2022.

This artist sketch depicts Guy Wesley Reffitt, bottom right, joined by his lawyer William Welch, third from right, listening as prosecutor Risa Berkower, speaks at the podium at center, as a video depicts a handgun on the waist of Reffitt, at left, for members of the jury and audience in Federal Court, in Washington, Monday, March 7, 2022.
(Dana Verkouteren via AP)

The defense lawyer urged jurors to acquit Reffitt of all charges but one: He said they should convict him of a misdemeanor charge that he entered and remained in a restricted area.

Jurors saw videos that captured the confrontation between a few Capitol police officers and a mob of people, including Reffitt, who approached them on the west side of the Capitol.

Reffitt was armed with a Smith & Wesson pistol in a holster on his waist, carrying zip-tie handcuffs and wearing body armor and a helmet equipped with a video camera when he advanced on police, according to prosecutors. He retreated after an officer pepper sprayed him in the face, but he waved on other rioters who ultimately breached the building, prosecutors said.

Before the crowd advanced, Reffitt used a megaphone to shout at police to step aside and to urge the mob to push forward and overtake officers. Assistant U.S. Attorney Jeffrey Nestler said Reffitt played a leadership role that day.

During last Friday’s testimony, prosecutors zoomed in on a video image of Reffitt at the Capitol. FBI Special Agent Laird Hightower said the image shows “a silvery metallic linear object” in a holster protruding from under Reffitt’s jacket as he leaned forward.

Shauni Kerkhoff, who was one of the Capitol police officers who tried to repel Reffitt, said she launched pepperballs that didn’t stop him from advancing. She testified that Reffitt appeared to be leading the crowd upstairs toward police.

Reffitt’s 19-year-old son, Jackson, testified last Thursday that his father threatened him and his sister, then 16, after he drove home from Washington. Reffitt told his children they would be traitors if they reported him to authorities and said “traitors get shot,” Jackson Reffitt recalled.

Jackson Reffitt, then 18, said the threat terrified him. His younger sister, Peyton, was listed as a possible government witness but didn’t testify. 

Reffitt used a cellphone app to secretly record his father boasting about his role in the riot, he said. Jurors heard excerpts of that family conversation. He initially contacted the FBI on Christmas Eve, less than two weeks before the riot, to report concerns about his father’s behavior and increasingly worrisome rhetoric. But the FBI didn’t respond until Jan. 6, after the riot erupted.

Supporters of President Donald Trump climb the west wall of the the U.S. Capitol on Wednesday, Jan. 6, 2021, in Washington.

Supporters of President Donald Trump climb the west wall of the the U.S. Capitol on Wednesday, Jan. 6, 2021, in Washington.
((AP Photo/Jose Luis Magana))

Another key witness, Rocky Hardie, said he and Reffitt were members of “Texas Three Percenters” militia group. The Three Percenters militia movement refers to the myth that only 3% of Americans fought in the Revolutionary War against the British.

Hardie drove from Texas to Washington with Reffitt. He testified that both of them were armed with holstered handguns when they attended then-President Trump’s “Stop the Steal” rally before the riot erupted. Reffitt also took an AR-15 rifle to Washington but left it locked up in his car, Hardie said.

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Hardie said Reffitt, during their drive to Washington, talked about dragging lawmakers out of the Capitol and replacing them with people who would “follow the Constitution.” Hardie also said Reffitt gave him two pairs of zip-tie cuffs in case they needed to detain anybody.

Reffitt was arrested less than a week after the riot. 

In this Wednesday, Jan. 6, 2021 file photo supporters of President Donald Trump are confronted by U.S. Capitol Police officers outside the Senate Chamber inside the Capitol in Washington.

In this Wednesday, Jan. 6, 2021 file photo supporters of President Donald Trump are confronted by U.S. Capitol Police officers outside the Senate Chamber inside the Capitol in Washington.
(AP Photo/Manuel Balce Ceneta, file)

Another key witness, Rocky Hardie, said he and Reffitt were members of “Texas Three Percenters” militia group. The Three Percenters militia movement refers to the myth that only 3% of Americans fought in the Revolutionary War against the British.

Hardie drove from Texas to Washington with Reffitt. He testified that both of them were armed with holstered handguns when they attended then-President Donald Trump’s “Stop the Steal” rally before the riot erupted. Reffitt also took an AR-15 rifle to Washington but left it locked up in his car, Hardie said.

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Hardie said Reffitt, during their drive to Washington, talked about dragging lawmakers out of the Capitol and replacing them with people who would “follow the Constitution.” Hardie also said Reffitt gave him two pairs of zip-tie cuffs in case they needed to detain anybody.

Fox News’ Jake Gibson contributed to this report, as well as The Associated Press. 



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