DOJ preparing extensive evidence, witnesses for first trial of alleged Jan. 6 rioter

(WASHINGTON) — More than 13 months after the Jan. 6 attack on the U.S. Capitol, the Justice Department has readied an extensive group of witnesses and a mountain of evidence that it’s preparing to present against the first alleged rioter to take their case to trial, according to a new court filing Tuesday.

Guy Reffitt, a Texas man who faces several felony charges in connection with the riot, is set to sit before a jury of his peers beginning Feb. 28 in D.C. District Court in Washington. He is also facing charges of allegedly threatening his son and daughter over his involvement in the attack.

Of the more than 730 people charged in connection with the Jan. 6 attack, the Justice Department had secured guilty pleas from more than 200 as of Tuesday, according to ABC News’ latest tally.

Tuesday’s filing shows federal prosecutors are preparing testimony for Reffitt’s trial that they say will tell not just the story of Reffitt’s own actions leading up to, during, and following the attack, but also the broader danger that the pro-Trump mob posed to democracy as they stormed the building, sending lawmakers, congressional staffers, and former Vice President Mike Pence into hiding.

Reffitt has pleaded not guilty to all charges against him.

Among the 13 witnesses the Justice Department hopes to call is Capitol Police inspector Monique Moore, who the DOJ says will introduce surveillance videos showing Reffitt and other rioters on the restricted grounds outside the Capitol, as well as video showing Pence’s motorcade leaving the east plaza of the Capitol as Pence was still inside the building.

Three other members of the Capitol Police who interacted with Reffitt outside the Capitol building are expected to testify about launching pepper balls, pepper spray and projectiles at Reffitt after they had instructed him and other rioters to leave the west side of the Capitol grounds. One of the officers is expected to introduce audio clips from their radio communications during the riot as they called for backup and described the breach as it was happening.

Four FBI agents who participated in the investigation of Reffitt after his alleged participation in the riot are expected to testify about Reffitt’s alleged possession of a firearm while at the Capitol and the evidence accumulated from a search of his home and personal devices. The evidence, according to the filing, includes several videos Reffitt took while on Capitol grounds, including one with a Kodak Orbit 360 camera that can be panned and rotated 360 degrees.

A Secret Service special agent who acts as the agency’s supervisor at the Capitol is expected to introduce videos showing Pence’s evacuation from the Capitol during the attack, and the emergency actions the Secret Service took in response to the storming of the building.

Daniel Schwager, general counsel to the Secretary of the Senate, is expected to explain the constitutional process of certifying the Electoral College vote, during which prosecutors are expected to introduce videos and still images showing the dangers the mob posed after entering the Capitol.

A fellow member of the Three Percenter militia group who traveled with Reffitt to Washington and has been granted immunity by the government for his testimony, is expected to testify about discussions he allegedly had with Reffitt, and also about their travel arrangements, Reffitt’s firearms and tactical gear, and his movements and actions surrounding Jan. 6.

Reffitt’s son, Jackson Reffitt, and his daughter, Peyton Reffitt, are also expected to testify about their interactions with their father both before and after the riot. According to the filing, Jackson Reffitt will play out and authenticate five audio recordings he made of his father speaking to the family in the days after he returned to their home in Texas.

If convicted on all charges, Reffitt could face years in prison.

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