Sanford man faces charges for assaulting law enforcement during Jan. 6 Capitol breach

Mark Rogers, The Sanford Herald, N.C.
·4 min read
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May 27—A Sanford man was arrested earlier this month and charged with assaulting law enforcement officers during the breach of the U.S. Capitol on Jan. 6, 2021.

David Joseph Gietzen, 38, was charged in an indictment with a total of eight counts, including one charging him with assaulting, resisting, or impeding officers with a dangerous weapon, two charging him with assaulting resisting or impeding officers, and related offenses.

The indictment was unsealed on May 11 in U.S. District Court in Washington, D.C. Gietzen was arrested in Sanford and made his initial appearance in the U.S. District Court, Middle District of North Carolina, on May 17 and was released on his own recognizance by a federal magistrate.

According to the indictment, Gietzen was illegally on the restricted Capitol grounds on Jan. 6. He is accused of assaulting multiple law enforcement officers between 2:13 p.m. and 2:31 p.m. that day, using a pole in the last of the charged attacks.

The indictment and arrest came after months of investigation by the Federal Bureau of Investigation, which acted on information provided from tips provided to them, which were disclosed in the 23-page affidavit.

As early as Jan. 16, 2021, the FBI had received a report about text messages in which Gietzen and his brother (who is not named in any FBI documents or the indictment) indicated that they wanted to meet others at the U.S. Capitol on Jan. 20 for the presidential inauguration. The report stated their plan was to force their way into the Capitol to force Congress to hold another election, and that the Gietzen brothers were also at the U.S. Capitol on Jan. 6.

In response to that report, the FBI interviewed Gietzen on Jan. 19, 2021. According to the FBI report, he stated that he and his brother were en route to Washington, D.C., to attend the presidential inauguration and that he had no intentions of committing any acts of violence. The report, included in the indictment, says that Gietzen told the FBI he and his brother had attended the protest in Washington, D.C. He stated that while walking to the Capitol, the situation escalated because protesters believed the police were trying to stop them from continuing to the Capitol. Gietzen told investigators that he and his brother never made it to the Capitol. However, FBI agents reviewing body camera footage from D.C. Metropolitan Police officers reportedly showed otherwise.

Exhibits, including photographs, reportedly show Gietzen assaulting Capitol Police officers at approximately 2:13 p.m. and again at 2:15 p.m. on Jan. 6, 2021.

"He (Gietzen) appears to be pushing with the crowd against the barriers and thrusting his fist against U.S. Capitol Police officers' shields," the report says.

Photos and the report then allege that around 2:28 p.m. on Jan. 6 Gietzen engaged in hand-to-hand confrontations with Metropolitan Police Department and Capitol Police officers. In a video, the FBI says, Gietzen appears to grab an officer by the throat or face mask.

At approximately 2:31 p.m., Jan. 6, Gietzen allegedly assaulted a U.S. Capitol Police officer with a pole on the West Terrace of the Capitol grounds.

The affidavit and report contain more than a dozen images or video clips in 14 exhibits, which appear to show Gietzen participating in the events.

The case is being investigated by the FBI's Washington Field Office, which identified Gietzen as No. 217 in its seeking information photos, and the Raleigh Resident Agency of the FBI's Charlotte Field Office. Valuable assistance was provided by the Metropolitan Police Department and the U.S. Capitol Police, the report said.

This case is being prosecuted by the U.S. Attorney's Office for the District of Columbia and the Department of Justice, National Security Division's Counterterrorism Section. Assistance was provided by the U.S. Attorney's Office for the Middle District of North Carolina.

In the 16 months since the events occurred, more than 800 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 250 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.