MO Capitol riot defendant now a fugitive after failing to appear at DC court hearing

A federal judge ordered a bench warrant to be issued for a Missouri man who failed to show up for a probation violation hearing in his Capitol riot case.

Devin Keil Rossman, of Independence, is now listed as a fugitive, according to court records. Rossman was scheduled to appear at 9:30 a.m. Friday in U.S. District Court for the District of Columbia. The government said he had violated several conditions of his probation.

“I have not heard from him,” Rossman’s attorney, Ronna Holloman-Hughes, said in an email to The Star on Friday evening. “If I do, I will tell him to turn himself in. This is unfortunate.”

Rossman, 40, was charged in May 2022 with four misdemeanors. He pleaded guilty in September 2022 to one count of parading, demonstrating or picketing in a Capitol building. He was sentenced in December 2022 to 36 months’ probation with a condition of intermittent incarceration and a $2,000 fine.

He also was ordered to pay $500 restitution for damage to the Capitol building and costs borne by the U.S. Capitol Police, which prosecutors now say total nearly $2.9 million.

According to court records, Rossman entered the Capitol just minutes after the initial breach on Jan. 6 and remained inside for about an hour and 53 minutes.

On Nov. 15, the U.S. Probation Office filed a petition alleging Rossman had violated probation by failing to make the required payments toward restitution; using or possessing alcohol on Sept. 19, 2023; failing to notify his probation officer of a change in employment status; and failing to attend some required classes.

The report said Rossman had been complying with other “substantial” aspects of his supervision.

The Probation Office asked the court to issue a summons and schedule a hearing. It was set for Dec. 1, but an attorney for Rossman filed a motion to continue it and allow him to attend virtually instead of in person. U.S. District Judge Beryl A. Howell granted the motion and rescheduled the hearing for Jan. 5. But on Dec. 29, the judge changed it back to an in-person hearing.

Rossman’s lawyer then requested another continuance, citing Rossman’s “continued financial struggles” and saying he needed time to make more cost-effective travel arrangements. Howell reset the hearing for Friday.

But on Thursday, Rossman’s attorney filed a new request, again asking the court to allow a virtual hearing instead of requiring him to attend in person. It said Rossman had experienced a loss of income and several financial setbacks in recent months and couldn’t afford to pay to travel from Missouri to Washington.

The motion asked the court to authorize and direct “the United States Marshal to fund noncustodial transportation arrangements” for him to make the trip for the hearing if a virtual hearing wasn’t an option, and to continue the court matter until those travel arrangements could be made.

Howell quickly denied the motion, noting in her order that Rossman’s request was “tardily filed less than 24 hours prior to the scheduled hearing leaving insufficient time to obtain any travel funding.”

She added that the hearing had already been postponed for three weeks for Rossman to travel economically even though the government objected. Howell said Rossman has shown that he “is demonstrably able to” get to Washington given that he traveled there “to commit the offense conduct on January 6, 2021, for which he was sentenced to probation.”

According to court records, Rossman roamed the Capitol once he was inside the building and eventually reached then-Speaker Nancy Pelosi’s office suite, a restricted area.

Rossman then “entered the Speaker’s Office suite and tried to open doors while the Speaker’s terrified staffers sought shelter under their desks,” and he took photos and bragged to friends in Facebook messages about entering the area, according to court documents. He also expressed little remorse for his actions, the documents said.

Rossman had discussed plans with others on Facebook “to bring firearms and knives to Washington, D.C.,” the court records said.

“In one conversation, Rossman sent a picture of three knives and stated on January 5, 2021, that he intended to conceal the knives, ‘one for my boot, one for my waist and one for my pocket,’” according to the documents. “He also texted pictures of firearms that he intended to bring to Washington, D.C.”

Rossman later told authorities he ultimately decided against taking these items to D.C.

In a court filing prior to his sentencing, Rossman blamed former President Donald Trump, right-wing media and other elected officials — including Missouri Sen. Josh Hawley — for spreading the “Big Lie” that led to his actions.

The document said Rossman was duped by Trump and others into believing that Democrats rigged the 2020 presidential election.

“Before January 6, 2021, Mr. Rossman held a good faith belief the 2000 presidential election was in the process of being stolen by Joe Biden Democrat operatives,” the filing said. “Then President Trump trumpeted this claim to the nation repeatedly and loudly from the time of the 2020 election to January 6, 2021, and continues to press that claim today.”