Area Capitol riot defendant's trial likely delayed

Paul B. Johnson, The High Point Enterprise, N.C.
·2 min read

Mar. 23—The trial of a Kernersville man and several other members of the Proud Boys extremist group on charges related to the Jan. 6, 2001, Capitol riot probably will be delayed, a judge said Tuesday.

Charles Donohoe and three others were charged early last year by the U.S. Department of Justice for what it contends was their leadership role in the riot and storming of the Capitol.

A trial was scheduled to begin in mid-May, but federal prosecutors argue in a motion filed Monday it should be delayed because of recent developments, including a new indictment earlier this month that added two defendants, including Enrique Tarrio, a former national leader of the Proud Boys, and more charges. Tarrio's attorney has indicated that he won't be ready to present a defense by May, the Justice Department indicates in its motion.

The Justice Department attorneys also said that in the next two months they may file another superseding indictment adding more new charges and possibly more defendants.

Also, as a result of a search at Tarrio's house following his arrest, the federal government has a large volume of new electronic evidence to sort through and provide to defense attorneys.

At a hearing on Tuesday in U.S. District Court for the District of Columbia, Judge Timothy Kelly set another hearing for April 5 to discuss possible trial dates.

"There has been a change in the landscape of this case," he said. "I probably don't have much of a choice in delaying it somewhat."

Attorneys for Donohoe and two others of the original group of defendants said they would object to postponing a trial while those defendants remain behind bars.

Donohoe, 34, a Marine Corps veteran, was indicted and arrested in March 2021 and has been held since then.

Peter Knight, one of Donohoe's attorneys, said that the COVID-19-related restrictions on the courthouse in Washington, which have sharply limited how many trials can go on each week, mean a delay could push a trial into 2023, but Kelly said that won't happen.

"We are going to set a trial date that's appropriate," Kelly said. "I have no intention of waiting until 2023."

pjohnson@hpenews.com — 336-888-3528 — @HPEpaul