Capitol riot cases grind through the courts

Sep. 15—It has faded from the daily headlines in places like High Point, but the Jan. 6, 2021, riot and storming of the U.S. Capitol is the subject of daily activity, not just in Washington, D.C., but in courthouses across the country.

Though no new High Point-area residents have been charged since mid-2021 in what federal officials call the largest investigation in U.S. history, arrests continue to be made. Of the more than 900 arrests so far, more than 300 — averaging more than one a day — came in just the past nine months.

Prosecutors estimate that more than 2,000 people actually entered the Capitol unlawfully that day, which means hundreds more arrests are likely in the months to come.

Almost 400 people have entered guilty pleas, the vast majority to misdemeanors drawing sentences of probation or home confinement, and new pleas are entered each week, but many of the cases involving the most serious charges remain unresolved.

All but a few dozen of those still awaiting trial — including two local residents, Laura Lee Steele of Thomasville and Bradley Stuart Bennett of Trinity — are at home, but those who are behind bars generally are those accused of violence or planning to attack the Capitol.

Steele's wait probably will be a long one. She is among members of the Oath Keepers militia group who are charged but are not among those facing the most serious charge that has been leveled so far, seditious conspiracy. The seditious conspiracy group, including Oath Keepers leader Stewart Rhodes, could go to trial later this month. Steele's group will not go to trial until at least late 2022 or early 2023.

Bennett may not have as long to wait, but in his most recent court hearing in July a prosecutor indicated that Bennett might be headed toward choosing a trial over a plea deal. He does not have another hearing scheduled until late October.

At least eight people who refused to make a plea deal so far have gone to trial before juries and were convicted on all charges they faced. Several others opted for a bench trial, in which the judge decides guilt, and all were convicted of at least some of the charges.

The most severe sentence handed down so far went to Thomas Webster, 56, a Marine Corps veteran and retired New York City police officer, convicted by a jury in August on charges including assaulting police and violent and disorderly conduct. Webster was sentenced to 10 years in federal prison.

Webster's trial was like the others in one key respect: ample video evidence that directly undercut the defense's arguments. In Webster's case, he argued that police attacked him first, but video showed otherwise and also showed Webster tackling an officer to the ground while trying to rip away the officer's face mask and helmet, which choked the officer with his chin strap.

Webster's sentencing also was like a great many other Jan. 6 sentencing hearings in that the judge scolded the defendant for behavior that runs counter to the nation's traditions and ideals. Judge Amit Mehta told Webster, "We simply cannot have a country where people on the losing side of an election think they can use violence and physical force to undo that."

Other than the Oath Keepers seditious conspiracy case, the other most highly anticipated case seems certain to feature testimony by a High Point-area resident, Charles "Charley" Donohoe of Kernersville, who pleaded guilty in April to conspiracy to obstruct an official proceeding and assaulting, resisting or impeding police.

Donohoe was a regional leader in the far-right group the Proud Boys, and prosecutors have said he was in charge of a messaging group for leaders leading to Jan. 6. After he pleaded guilty and agreed to cooperate, the charges against several other leaders of the group were upgraded to include seditious conspiracy.

The Proud Boys leaders' trial may begin in December.

Donohoe will not be sentenced until after his cooperation, including his testimony, concludes. Federal sentencing guidelines would put Donohoe in line for a prison sentence in the range of a little less than six years to a little more than seven, plus a fine up to $250,000, though judges can depart from the guidelines.