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Case 1:21-mj-00021-GMH Document 7 Filed 01/15/21 of 16

CRIMINAL COVERSHEET DEFENDANT’S NAME: Josiah Colt JUVENILE: No

DEFENSE ATTORNEY: Address: PUBLIC or SEALED: Public

SERVICE TYPE:

(Summons or Warrant or Notice (if Superseding))

Warrant

Telephone No.: ISSUE: Yes

INVESTIGATIVE AGENT: Special Agent Matthew Gano

INTERPRETER: No

Telephone No.: If YES, language:

AGENCY: Federal Bureau of Investigation – Washington Field Office

CASE INFORMATION: Criminal Complaint and Arrest Warrant Issued by United States Magistrate Judge G. Michael Harvey on 01/09/21

RELATED COMPLAINT: CASE NUMBER:

CRIMINAL CHARGING INFORMATION

CHARGING DOCUMENT: Complaint or Perfected Citation

Felony: No County of Offense: Washington, D.C. Class A Misdemeanor: Yes (Count 1) Estimated Trial Time: 2 days

Class B or C Misdemeanor: (Petty Offense)

Yes (Count 2)

STATUTE (Title and Section(s))

COUNT/ FORFEITURE ALLEGATION

BRIEF DESCRIPTION PENALTIES

(Include Supervised Release and Special Assessment)

18 U.S.C. Sec. 1752(a)(1) 40 U.S.C. Sec. 5104(e)(2)

One

Two

Knowingly Entering or Remaining in any Restricted Building or Grounds Without Lawful Authority Violent Entry and Disorderly Conduct on Capitol Grounds

Not more than 1 year imprisonment; Up to a $100,000 fine; Not more than 1 year supervised release; Up to 5 years probation. Not more than 6 months imprisonment; Not more than a $5,000 fine; Not more than 1 year supervised release; Up to 5 years probation.

Date: January 13, 2020 Assistant U.S. Attorneys: Elizabeth Elizabeth Aloi, D.C.

USAO / Heather Patricco / Idaho USAO

Telephone No.: 208-334-9121


STATEMENT OF FACTS

Your affiant is a Special Agent with the Federal Bureau of Investigation (FBI) and have been so employed since 2017. During that time, I have investigated corruption of local and federal officials, fraud against the government, bribery, threat to life cases, and violations of Color of Law and Civil Rights, as a part of the FBI Washington Field Office Public Corruption and Civil Rights program. I have prepared and assisted in the preparation of court orders and search warrant applications. Additionally, during the course of these and other investigations, I have conducted or participated in physical and electronic surveillance, assisted in the execution of search and arrest warrants, debriefed informants, interviewed witnesses and suspects, and reviewed other pertinent records. Through my training, education, and experience, I have become familiar with the efforts of persons involved in criminal activity to avoid detection by law enforcement. I am assisting in the investigation and prosecution of events which occurred at the United States Capitol on January 6, 2021.

On January 6, 2021, a joint session of the United States Congress convened at the United

States Capitol, which is located at First Street, SE, in Washington, D.C. During the joint session, elected members of the United States House of Representatives and the United States Senate were meeting in separate chambers of the United States Capitol to certify the vote count of the Electoral College of the 2020 Presidential Election, which had taken place on November 3, 2020. The joint session began at approximately 1:00 p.m. Vice President Mike Pence was present and presiding in the Senate chamber.

With the joint session underway and with Vice President Mike Pence presiding, a large

crowd gathered outside the U.S. Capitol. Temporary and permanent barricades surround the exterior of the U.S. Capitol building, and U.S. Capitol Police were present and attempting to keep the crowd away from the Capitol building and the proceedings underway inside. At approximately 2:00 p.m., certain individuals in the crowd forced their way through, up, and over the barricades and officers of the U.S. Capitol Police, and the crowd advanced to the exterior façade of the building. At such time, the joint session was still underway and the exterior doors and windows of the U.S. Capitol were locked or otherwise secured. Members of the U.S. Capitol Police attempted to maintain order and keep the crowd from entering the Capitol; however, shortly after 2:00 p.m., individuals in the crowd forced entry into the U.S. Capitol, including by breaking windows. Shortly thereafter, at approximately 2:20 p.m. members of the United States House of Representatives and United States Senate, including the President of the Senate, Vice President Mike Pence, were instructed to—and did—evacuate the chambers. Accordingly, the joint session of the United States Congress was effectively suspended until shortly after 8:00 p.m. Vice President Pence remained in the United States Capitol from the time he was evacuated from the Senate Chamber until the session resumed.

During national news coverage of the aforementioned events, video footage which appeared to be captured on mobile devices of persons present on the scene depicted evidence of violations of local and federal law, including scores of individuals inside the U.S. Capitol building without authority to be there


Based on information I have reviewed, I estimate that between 2:00 p.m., and no later than 4:00 p.m., the defendant, Josiah Colt, entered the United States Capitol without authorization to do so. He was photographed hanging off a balcony and landing on the floor of the Senate chambers (Exhibit A).

In a video posted to Facebook and circulated widely on other social media platforms, the

defendant claims he was the first person to sit in the House Speaker’s chair and calls House Speaker Nancy Pelosi a traitor. The defendant appears to be mistaken as he was also photographed in the seat reserved for the vice president, and not Speaker Pelosi (Exhibit B).

According to public reporting, the defendant has admitted his involvement in the riots, and

apologized for it. In a statement given to CBS2 News he stated: “I love America, I love the people, I didn’t hurt anyone and I didn’t cause any damage in the Chamber. I got caught up in the moment and when I saw the door to to [sic] the Chamber open, I walked in, hopped down, and sat on the chair. I said my peace then I helped a gentlemen get to safety that was injured then left.”

Agents from the FBI’s Washington Field Office conducted a telephonic interview with a

relative of the defendant following submission of information to the FBI’s online tip system. The relative confirmed that the individual in the aforementioned photographs hanging from the balcony and sitting in the vice president’s seat is the defendant.

Based on the foregoing, your affiant submits that there is probable cause to believe that the Josiah Colt violated 18 U.S.C. § 1752(a)(1), which makes it a crime to knowingly enter or remain in any restricted building or grounds without lawful authority to do so.


Based on the foregoing, your affiant submits that there is also probable cause to believe that Josiah Colt violated 40 U.S.C. § 5104(e)(2), which makes it a crime for an individual or group of individuals to willfully and knowingly (D) utter loud, threatening, or abusive language, or engage in disorderly or disruptive conduct, at any place in the Grounds or in any of the Capitol Buildings with the intent to impede, disrupt, or disturb the orderly conduct of a session of Congress or either House of Congress, or the orderly conduct in that building of a hearing before, or any deliberations of, a committee of Congress or either House of Congress; (E) obstruct, or impede passage through or within, the Grounds or any of the Capitol Buildings; (F) engage in an act of physical violence in the Grounds or any of the Capitol Buildings; or (G) parade, demonstrate, or picket in any of the Capitol Buildings.

_________________________________ Special Agent Matthew J. Gano Federal Bureau of Investigation

Attested to by the applicant in accordance with the requirements of Fed. R. Crim. P. 4.1 by telephone, this 9th day of January, 2021.

___________________________________ G. MICHAEL HARVEY U.S. MAGISTRATE JUDGE


https://www.law.cornell.edu/definitions/uscode.php?width=840&height=800&iframe=true&def_id=40-USC-1874457209-1129834521&term_occur=999&term_src=title:40:subtitle:II:part:B:chapter:51:section:5104







EXHIBIT A


EXHIBIT B


assAssertion -1- Waiver of Preliminary Hearing

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

UNITED STATES OF AMERICA,

Plaintiff,

vs.

Defendant.

) ) ) ) ) ) ) ) )

Case No.

WAIVER OF PRELIMINARY HEARING

I understand that I have been charged with an offense in a criminal

complaint filed in this Court, or charged with violating the terms of probation or

supervised release in a petition filed in this Court. A magistrate judge has informed

me of my right to a preliminary hearing under Fed.R.Crim.P. 32.1.

I agree to waive my right to a preliminary hearing under Fed.R.Crim.P. 5 or

Fed.R.Crim.P. 32.1.

Date: _______________________ ____________________________________ Defendant

Date: ______________________ _____________________________________ Attorney’s Signature

_____________________________________ Printed Name of Attorney

Federal Defender Services of Idaho 702 W. Idaho Street, Suite 1000 Boise, ID 83702 208.331.5500


COMMITMENT TO ANOTHER DISTRICT - 1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF IDAHO

UNITED STATES OF AMERICA,

Plaintiff, v.

JOSIAH COLT, Defendant,

Case No. MS 21-382-S-REB

Charging District’s Case o. 21-MJ-21

COMMITMENT TO ANOTHER DISTRICT

The defendant has been ordered to appear before the United States District Court for the

District of Columbia via video on January 19, 2021 at 1 p.m. (EST) before the Honorable G.

Michael Harvey.

The defendant is requesting court-appointed counsel.

The defendant appeared in Boise, Idaho for his initial appearance. He elected to waive his

right to an identity hearing, production of the warrant, and preliminary hearing. The government

did not seek detention and the defendant was released pending further proceedings on conditions.

The clerk of this district shall promptly transmit the papers to the charging district.

January 15, 2021


1/26/2021 District of Idaho Live CM/ECF

https://ecf.idd.uscourts.gov/cgi-bin/DktRpt.pl?297043653158237-L_1_0-1 1/3

TERMED

U.S. District CourtDistrict of Idaho (LIVE Database) Version 6.3 (Boise - Southern)

CRIMINAL DOCKET FOR CASE #: 1:21-mj-00382-REB All Defendants

Case title: USA v. ColtOther court case number: 21-mj-21 District of Columbia

Date Filed: 01/12/2021Date Terminated: 01/15/2021

Assigned to: Judge Ronald E. Bush

Defendant (1)Josiah Colt TERMINATED: 01/15/2021

represented by Charles F Peterson , Jr Federal Defender Services of Idaho 702 West Idaho Street, Ste. 1000 Boise, ID 83702 (208) 331-5500 Fax: 1-208-331-5525 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Public Defender orCommunity Defender Appointment

Pending Counts DispositionNone

Highest Offense Level (Opening)None

Terminated Counts DispositionNone

Highest Offense Level (Terminated)None

Complaints DispositionNone

PlaintiffUSA represented by Heather Patricco

United States Attorney's office 1290 West Myrtle Street, Suite 500 Boise, ID 83702




208-334-1211 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained

Date Filed # Docket Text

01/12/2021 1 Rule 5(c)(3) Documents Received as to Josiah Colt (Notice sent to USP & USM)(Attachments: # 1 Arrest Warrant) (km) (Additional attachment(s) added on 1/12/2021: # 2Service Information Sheet) (km).

01/12/2021 2 DOCKET TEXT NOTICE OF *VIDEO HEARING as to Josiah Colt (Notice sent to USP& USM) Video Initial Appearance - Rule 5(c)(3) set for 1/13/2021 11:15 AM via Video -Boise to Other location (Mountain Time) before Judge Ronald E. Bush. *Instructions:Counsel shall be sent a separate Video Link. Please send any documents for the Court'sreview to the Courtroom deputy, prior to this hearing. Public may listen via Audio at 1-669-254-5252 Meeting ID: 161 752 6320 Password: 367165. Persons granted remoteaccess to proceedings are reminded of the general prohibition under federal law and LocalRule 83.1 against photographing, recording, and rebroadcasting of court proceedings.(jh)

01/12/2021 3 Criminal Cover Sheet re 1 Rule 5(c)(3) Documents Received (km) (Main Document 3replaced on 1/12/2021 with correct PDF document) (km).

01/13/2021 4 Minute Entry for proceedings held before Judge Ronald E. Bush:Initial Appearance inRule 5(c)(3) Proceedings as to Josiah Colt held on 1/13/2021 (Notice sent to USP & USM)(Court Reporter/ESR jh.) Audio File Location via Zoom. (jh)

01/13/2021 5 DOCKET ENTRY ORDER APPOINTING FEDERAL DEFENDER: as to Josiah Colt.On the basis of the sworn financial affidavit, the Court finds Defendant is financiallyunable to retain counsel. It is hereby ORDERED that the Federal Defender Services ofIdaho is hereby appointed to represent Defendant in these proceedings pursuant to Title 18United States Code 3006A. IT IS FURTHER ORDERED that the Federal Defender shallimmediately notify the Clerk's Office of any conflict of interest or inability to continue thisappointment. Signed by Judge Ronald E. Bush.(caused to be mailed to non RegisteredParticipants at the addresses listed on the Notice of Electronic Filing (NEF) by (jh)

01/13/2021 6 WAIVER of Preliminary Hearing by Josiah Colt (alw)

01/13/2021 7 CJA 23 Financial Affidavit by Josiah Colt (alw)

01/13/2021 8 ORDER Setting Conditions of Release (Notice sent to USP & USM). Signed by JudgeRonald E. Bush.(alw) (Main Document 8 replaced on 1/13/2021) (alw). (Main Document8 replaced on 1/14/2021) (alw).

01/14/2021 Surrender of Passport as to Josiah Colt; Passport Number 552258864 issued by USA(Notice sent to USP) (kt)

01/15/2021 10 COMMITMENT TO ANOTHER DISTRICT as to Josiah Colt. Defendant committed toDistrict of District of Columbia Case No. 21-mj-21. (Notice sent to USP & USM). Signedby Judge Ronald E. Bush.(caused to be mailed to non Registered Participants at theaddresses listed on the Notice of Electronic Filing (NEF) by (jd)

01/15/2021 11 Notice to District of Columbia of a Rule 5 or Rule 32 Initial Appearance as to Josiah Colt.Your case number is: 21-mj-21. Using your PACER account, you may retrieve the docketsheet and any unrestricted documents and text-only entries via the case number link. (Ifyou require certified copies of any documents, please send a request [email protected]. If you wish to designate a different email


https://ecf.idd.uscourts.gov/doc1/06302413278












address for future transfers, send your request [email protected].) (jd) Modified on 1/15/2021 (jd).Emailed dkt. 9 (Ex Parte) Minute Entry Order to District of Columbia atInterDistrictTransfer_DCD <[email protected]>

01/15/2021 12 NOTICE OF ATTORNEY APPEARANCE: Charles F Peterson, Jr appearing for JosiahColt (Notice sent to USM) (Peterson, Charles)

01/21/2021 Return of Passport as to Josiah Colt; Passport Number 552258864 issued by USA.Passport returned to Defendant (Notice sent to USP) (alw)

PACER Service CenterTransaction Receipt

01/26/2021 11:02:13

PACERLogin: BrittanyBryant:6635828:0 Client Code:

Description: Docket Report SearchCriteria:

1:21-mj-00382-REB

BillablePages: 2 Cost: 0.20

Exempt flag: Exempt Exemptreason: Always

PACER fee: Exempt

