Father and son, both pastors at Melbourne church, and church member guilty in Jan. 6 riot
A father and his son, both pastors at a Melbourne church, and an Indian Harbour Beach repairman were found guilty by a federal jury in connection with their roles in the failed Jan. 6 insurrection.
The convictions of James Varnell Cusick Jr. and his son Casey Cusick — leaders of the Melbourne-based Global Outreach Ministries Church — and David John Lesperance came Friday at the end of a five-day jury trial before District of Columbia Circuit Judge John D. Bates.
The jury found the three men guilty of knowingly entering or remaining in a restricted building or on grounds without lawful authority; disorderly or disruptive conduct in a restricted building; and violent entry and disorderly conduct on Capitol grounds, court records show.
All three plan to appeal the case. A sentencing date was set for Oct. 12. The three remain out on bond on the misdemeanor convictions, according to court records. Lawyers for the three men could not be reached late Monday.
Neither of the Cusicks could be reached. Lesperance did not wish to comment about the case when reached by FLORIDA TODAY.
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The case was one of a series of court filings against more than 700 people suspected of participating in the breach of the U.S. Capitol building on Jan. 6, 2021, as part of protests fueled by false assertions that the 2020 presidential election was fraudulent.
Now, nearly two and a half years later, many of those arrested — including supporters of former President Donald J. Trump, who led a rally that drew thousands to the U.S. Capitol that day — are facing trial.
Seven men from Brevard County were arrested on various charges for their participation — some of it captured on camera — in one of the most violent episodes to take place directly against the 1.5-million-square-foot federal structure.
In the aftermath of the attempted insurrection, an unnamed tipster contacted the FBI on Jan. 22, 2021, that the Cusicks participated in the riot, according to charging documents filed in federal court. A second anonymous tipster wrote to the FBI on March 26 that Lesperance — an air conditioning repairman — had traveled to Washington, D.C. with the pair, according to charging documents.
The FBI met with Lesperance at his home in Indian Harbour Beach, where he "admitted that his pastor was also present at President Trump's speech and then at the U.S. Capitol afterwards." The church, which posted online videos of its services, presented a blend of Christian theology and patriotism to its audience. It was not immediately known if the congregation was still active.
Early in the case, attorneys for the three men at one point argued that federal charges were not appropriate for the case, saying there is no law that makes the Capitol a restricted area. The attorneys also argued that free speech could not be "overcome by mere decree of the Capitol police."
“So it is that defendants’ assessments that hundreds of people around them who evidently believed they were rightfully in the area is a defense,” the attorneys wrote in a legal brief filed in the first year of the case.
Federal prosecutors used photos recovered from Lesperance's iCloud account to show the Cusicks inside the Capitol during the breach. The men were wearing clothing that agents matched to images from surveillance video recorded inside the building, records show.
Lesperance told federal investigators the three had cellphones with them and took pictures. Lesperance deleted photos and videos from his phone "out of fear of negative repercussions," court records showed. Photos included in the charging documents showed the three posing with others during their stay in the nation's capital. Federal agents had used cellphone images, surveillance camera footage and other high-tech means of tracking participants in what become a riot on Capitol Hill.
Rioters — including many from Florida — tore down equipment, attacked Capitol police, urinated in the hallways and stole items from the building, in addition to sending representatives and senators fleeing from the area out of fear of more violence.
J.D. Gallop is a criminal justice/breaking news reporter at FLORIDA TODAY. Contact Gallop at 321-917-4641 or jdgallop@floridatodan.com. Twitter: @JDGallop.
This article originally appeared on Florida Today: 2 Florida pastors, church member guilty in January 6th Capitol riot
