Judge denies motion to dismiss all Jan. 6 charges against Lakeland man

A federal judge has denied a Lakeland man’s motion to dismiss all charges against him related to the 2021 attack on the U.S. Capitol.

A lawyer for Brian Boele submitted a motion in July to dismiss the four counts, which include civil disorder, a felony, and three misdemeanors. Boele, 60, was indicted in May 2022, along with four other defendants facing a total of 16 counts.

Boele’s lawyer, Carolyn Stewart of Plant City, submitted a 28-page motion to U.S. District Judge Richard J. Leon of the District of Columbia. Stewart wrote that Boele was at the U.S. Capitol to exercise his First Amendment rights on Jan. 6, 2021, the day that members of Congress met to certify the results of the 2020 presidential election.

Former President Donald Trump held a rally at the Ellipse, urging then-Vice President Mike Pence to block the election of Joe Biden (though Pence had no such powers) and encouraging his supporters to march to the Capitol. Some protesters pushed through lines of police officers that day and broke into the Capitol building, disrupting a joint session of Congress.

Stewart offered a range of arguments for dismissing the charges. The lawyer wrote that the government failed to establish that the west side of the Capitol was a restricted area and that authorities did not issue a dispersal order while Boele was there, among a crowd of protesters.

The lawyer wrote that the presence of tear gas should not have been construed as a notice to disperse. She argued that the Department of Justice declared a civil disorder at the U.S. Capitol after the fact.

In the motion, Stewart suggested that police officers at the Capitol provoked the violence that occurred. She also mixed in criticisms of then-House Speaker Nancy Pelosi and District of Columbia Mayor Muriel Bowser.

In his order, Leon addressed Stewart’s factual arguments over the actions of law enforcement, whether the Capitol grounds was a restricted area and whether the Jan. 6 riot adversely affected commerce. He agreed with the prosecution’s response that such questions could be considered at trial but are not grounds for a pretrial dismissal of charges.

Joshua Doolin Polk City man sentenced to 18 months in prison for role in U.S. Capitol attack

Citing federal law, Leon wrote that a defendant may be charged with civil disorder based on their actions even without a formal declaration of civil disorder at the time.

No trial date has been set for Boele, described in the filing as a retired firefighter with no criminal history.

Boele is one of six current and former Polk County residents indicted in relation to the Capitol attack. Three of them — siblings Jonathan and Olivia Pollock and a friend, Joseph Hutchinson III — are now fugitives. The Pollocks’ cousin, Joshua Doolin of Polk City, was convicted in March on charges that include civil disorder and theft of government property. He was sentenced to 18 months in prison.

Corinne Montoni of Lakeland signed an agreement in June, pleading guilty to civil disorder in exchange for having other felony charges dismissed. She has not yet been sentenced.

Gary White can be reached at gary.white@theledger.com or 863-802-7518. Follow on X @garywhite13.

This article originally appeared on The Ledger: Judge denies motion to dismiss Lakeland man's Jan. 6 charges