Knoxville suspect in plot to kill FBI agents to remain in custody

The 26-year-old Knoxville man arrested last week for allegedly conspiring to murder FBI agents will remain in federal custody, a judge has ruled.

Austin Carter and co-defendant Edward Kelley, 33, are facing charges of conspiracy, retaliating against a federal officer, interstate threats and solicitation to commit a crime of violence.

The alleged plot to attack the Knoxville Federal Bureau of Investigation office and kill law enforcement officers stems from Kelley's earlier arrest after he allegedly assaulted a law enforcement officer during the Jan. 6, 2021, insurrection and breach of the U.S. Capitol in Washington, D.C.

Kelley, a Maryville resident, allegedly was among a crowd of rioters gathered at the Capitol building that day. According to court documents, Kelley got into an altercation with a Capitol police officer before breaking in to the building. He was arrested in May and was charged with assault, resisting or impeding officers during civil disorder, unlawful entry and physical violence, destruction of government property, violent entry and related offenses.

More:Kingsport man who dragged officer into Jan. 6 mob gets over 7 years in prison

A plot to assassinate the arresting officers led to the new arrest

Carter's connection to Kelley was not explained in the charging documents or during Wednesday's detention hearing in U.S. District Court.

According to the criminal complaint, Kelley had obtained a list of law enforcement officers involved in his D.C. criminal investigation. A witness, who was described as a coworker and a very good friend to Carter, met with Kelley and Carter in early December, with Kelley discussing assassination missions that would target federal agents.

On Dec. 13, Carter gave the witness an envelope from Kelley that contained 37 names and some phone numbers of the law enforcement personnel who participated in his criminal investigation, as well as a thumb drive of video footage from a warrant search of Kelley's home in May.

According to the complaint, Kelley and Carter planned to carry out attacks against the Knoxville FBI office if either one got arrested. The complaint alleged that Carter told the witness, "This is the time, add up or put up" and "to definitely make sure you got everything racked, locked up and loaded."

Prosecution says Carter poses 'severe risk' during detention hearing

At Carter's detention hearing, prosecutor Casey Arrowood told Judge Jill McCook that Carter owns multiple weapons, including an AR-15, a shotgun and a Glock, and posed an "extreme" danger to law enforcement and to the witness.

Carter was not merely a "passive participant" but was actively involved in Kelley's plot, Arrowood said, adding that he also posed a flight risk due to the possibility of significant prison time should he be convicted.

The witness is known to the defendant, who also knows where he lives, Arrowood said, adding, "There is an immediate and severe risk of harm to the witness and his family."

Carter's defense attorney, Joshua Hedrick, said Carter's weapons have been moved. His wife, Destiny, testified in court they are now stored more than four hours from where the couple has been staying in Kingsport.

"Were you surprised by his arrest?" Arrowood asked Destiny Carter, who said the couple has been married for seven years.

"Absolutely," she replied.

Hedrick asked that his client be released on home detention with electronic monitoring, arguing that despite the prosecution's "dramatic" recitation of the complaint, Carter does not pose a serious risk to any specific individuals. Further, he said, Carter has no history of violence or criminal record.

"The concerns are not hypthetical," Arrowood retorted. "They are very real, and very significant."

Judge McCook agreed, keeping Carter incarcerated. Kelley, meanwhile, has waived his right to a detention hearing. Both men next will be in court on Jan. 3 for a preliminary hearing on the evidence against them.

A preliminary hearing into the evidence in Kelley's earlier case was set for this week but was vacated after an indictment on Dec. 16. He is set for a status conference on Thursday.

Liz Kellar is a public safety reporter for Knox News. She can be reached by email at lkellar@knoxnews.com. Unlock premium perks and support strong local journalism at knoxnews.com/subscribe.

This article originally appeared on Knoxville News Sentinel: Knoxville man suspected in FBI murder plot to remain in custody