A Capitol riot defendant stormed out of a hearing after the judge ordered him back behind bars

Capitol police use tear gas on Trump mob on January 6
Police use tear gas around Capitol building where pro-Trump supporters riot and breached the Capitol. Rioters broke windows and breached the Capitol building in an attempt to overthrow the results of the 2020 election. Police used batons and tear gas grenades to eventually disperse the crowd. Rioters used metal bars and tear gas as well against the police.Photo by Lev Radin/Pacific Press/LightRocket via Getty Images
  • A Capitol riot suspect stormed out of a virtual detention hearing on Wednesday.

  • Prosecutors say Tim Boughner sprayed chemical irritants at police outside of the Capitol on January 6, 2021.

  • Boughner said he wanted to "go eat my food and play cards" before exiting the call.

A Michigan man accused of spraying police with chemical irritants and using a metal bike rack to push back against officers during the January 6, 2021, Capitol riot stormed out of his virtual detention hearing on Wednesday after being denied pretrial release, according to Law and Crime.

Tim Boughner, 41, has been in federal custody since December and at a detention hearing on Wednesday, Judge Zia M. Faruqui said that he did not plan to grant Boughner's request for pretrial release.

According to Law and Crime, the judge made the decision in part because of Boughner's mother, who said she wouldn't be able to ensure Boughner wouldn't try to flee.

"This is in fact one of the few cases where I believe the risk of flight is a real concern," the judge said, adding that he was worried Boughner might desert to Canada if released.

When Faruqui further explained his reasoning for denying pretrial release, Boughner verbally fought back, saying "You really don't know what happened. You guys gonna believe what you guys wanna believe. So hey, it is what it is."

Despite the judge saying that Boughner could appeal the decision, the defendant lashed out at Faruqui.

"You know what, I don't care anymore, I'm done with this," Boughner said before leaving the hearing. "So I'd like to go eat my food and play cards."

According to Law and Crime, Boughner's lawyer, James McHugh, then asked Faruqui for a moment aside with his client in a "virtual breakout room."

While McHugh rejoined the hearing shortly after, Boughner did not, waiving his right to appear at the hearing.

Following his client's desertion, Faruqui continued to explain his reasoning for denying the request for pretrial release.

He said that fighting against the police had the "effect of a general rallying the troops around him and convincing them to continue" during the Capitol riots, further alleging Boughner had a "de facto leadership role" that day.

The judge also said he was concerned that Boughner continues to believe that former President Donald Trump defeated President Joe Biden in 2020. He referenced a Facebook post from Boughner from February 2021 that read "Biden's not the president."

Boughner's next hearing, a status conference, is scheduled for February 10, 2022.

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