United States v. Krol

642 F.Supp.3d 28

UNITED STATES of America v. Matthew Thomas KROL, Defendant.

Criminal Action No. 22-110 (RC)

United States District Court, District of Columbia

Signed November 15, 2022

Andrew J. Tessman, Assistant U.S. Attorney, District of Columbia, Charleston, WV, Benjamin Edward Kringer, Assistant U.S. Attorney, United States Attorney's Office, Washington, DC, Mitra Jafary-Hariri, Assistant U.S. Attorney, DOJ-USAO, Detroit, MI, for United States of America.

Bryan J. Sherer, Public Defender, Eastern District of Michigan, Flint, MI, Edward Robert Martin, Jr., Ed Martin Law Firm, Great Falls, VA, Michael J. Cronkright, Pro Hac Vice, Cronkright Law, PLLC, Lansing, MI, for Defendant.

MEMORANDUM OPINION

DENYING DEFENDANT'S MOTIONS TO REVOKE DETENTION ORDER AND REOPEN DETENTION HEARING

RUDOLPH CONTRERAS, United States District Judge

I. INTRODUCTION

Defendant Matthew Thomas Krol was one of the hundreds of people who stormed the Capitol to stop Congress from certifying the results of the 2020 presidential election. On January 6, 2021, Krol allegedly pushed through to the front of the crowd fighting with law enforcement officers near the steps of the Capitol, wrested a police baton away from a Metropolitan Police Department officer, then assaulted at least two other police officers. Krol was arrested on February 22, 2022. Following a detention hearing before Magistrate Judge Curtis Ivy, Jr. of the U.S. District Court for the Eastern District of Michigan, Krol was ordered detained pending trial and transferred to his current facility, the Central Virginia Regional Jail in Orange, Virginia. Krol now asks the Court to revoke that detention order and reopen the detention hearing. For the reasons described below, the Court will deny the motions.

II. BACKGROUND¹

On January 6, 2021, Krol participated in the riot at the U.S. Capitol, assaulting at least three law enforcement officers. Mot. Supp. Pretrial Det. at 1, 8, 24, ECF No. 26-1. Multiple videos from January 6 show that, while on the Capitol grounds, Krol wore blue jeans, a dark jacket, and a light red hood pulled over a baseball cap; he also carried a green backpack that had a large blue flag draped across the front and a small American flag affixed to the backpack behind Krol's right shoulder. Id. at 9; Gov't Ex. 3 at 00:01.²

As rioters began fighting with law enforcement officers attempting to maintain the police line near the steps of the Capitol building, Krol pushed toward the front of the crowd. See Gov't Ex. 1 at 00:00-00:33. Although Krol threw a water bottle toward the officers as he made his way through the crowd, the bottle appeared to instead hit another rioter. Id. at 00:26-00:27. Upon arriving at the front of the crowd, Krol grabbed Metropolitan Police Department ("MPD") Officer D.P. and swung Officer D.P. around as they struggled over Officer D.P.'s police baton. Id. at 00:36-00:45. After wresting Officer D.P.'s baton away from him, Krol held the baton up towards the crowd. Id. at 00:46. Krol then turned around and struck another officer, MPD Officer J.M., using that baton. Mot. Supp. Pretrial Det. at 11. In addition, U.S. Capitol Police Sergeant A.G. subsequently identified an individual, later identified as Krol, as having struck Sergeant A.G. with a baton, injuring Sergeant A.G.'s hand. Id. at 19.

A tipster who knew Krol personally subsequently identified Krol to the Federal Bureau of Investigation ("FBI") based on the FBI's Most Wanted images from January 6. Id. at 5-6. According to public sources, Krol has served in a leadership position with the Genesee County Volunteer Militia. Id. at 20. During an interview with U.S. Customs and Border Protection ("CBP") in October 2021, when asked if he was an activist in Michigan, Krol "admitted he attends rallies, and having strapped an AR on his shoulder to go guard the recruiting offices in Chattanooga, TN." Def.'s Mots. to Revoke Det. Order and Reopen Det. Hr'g ("Def.'s Mots.") Ex. R at 2, ECF No. 24.³ Krol further stated during the CBP interview that "there is a lying fucking thief in the Office, and he needs to go," and "the bitch in Michigan, the governor, she needs to be arrested." Id.

On February 22, 2022, Krol was arrested. Mot. Supp. Pretrial Det. at 24. During an interview with the FBI, Krol stated that, on January 6, he had walked—including walking "over a . . . wall"—from former President Trump's speech to the Capitol. Id.; Def.'s Mots. Ex. Q (FBI Interview, Part 2) at 27:55-27:59. Krol also admitted during the interview that he had associated with individuals charged in the alleged plot to kidnap the Governor of Michigan, Gretchen Whitmer. Mot. Supp. Pretrial Det. at 24. Krol has been charged with: (1) civil disorder, in violation of 18 U.S.C. § 231(a)(3); (2) assaulting, resisting, or impeding certain officers, in violation of 18 U.S.C. § 111(a)(1); (3) assaulting, resisting, or impeding certain officers using a dangerous weapon, in violation of 18 U.S.C. § 111(a)(1) and (b); (4) robbery, in violation of 18 U.S.C. § 2111; (5) entering and remaining in a restricted building or grounds with a deadly or dangerous weapon, in violation of 18 U.S.C. § 1752(a)(1) and (b)(1)(A); (6) engaging in physical violence in a restricted building or grounds with a dangerous weapon, in violation of 18 U.S.C. § 1752(a)(4) and (b)(1)(A); and (7) act of physical violence in the Capitol grounds or buildings, in violation of 40 U.S.C. § 5104(e)(2)(F). See Indictment, ECF No. 11.

After Krol's arrest, the Government moved for his detention. On February 28, 2022, Magistrate Judge Curtis Ivy, Jr. of the U.S. District Court for the Eastern District of Michigan conducted a detention hearing. See U.S. Mem. Opp'n at 2, ECF No. 26. Magistrate Judge Ivy ordered Krol detained, concluding that the information submitted at the detention hearing established by clear and convincing evidence that Krol was a danger to the community. Order Granting Mot. Pretrial Det. at 1, ECF No. 26-2. Krol was then transferred to his current facility, the Central Virginia Regional Jail in Orange, Virginia. Def.'s Mots. at 9. Krol now moves to revoke the detention order and reopen the detention hearing. See generally id. The Government opposes his release. See U.S. Mem. Opp'n. The Court held a hearing on the matter. See Min. Entry (Oct. 6, 2022).

Following the hearing, the Government submitted a supplemental response containing the transcripts of social media chats between Krol and individuals convicted of or on trial for being involved in the alleged plot to kidnap Governor Whitmer. U.S. Suppl. Resp. at 1-2, ECF No. 27. In one chat, Krol wrote that he "spoke on the Michigan Capital [sic] steps last fall that I would rather apprehend Tyrants at the Capital [sic], hang them on those beautiful oak trees then kill citizens in a civil war." U.S. Suppl. Resp. Ex. 1 at 2, ECF No. 27-1. Krol also filed a supplement attaching incident reports from the Central Virginia Regional Jail describing an event where Krol was found lying face down in his cell. Def.'s Suppl. Def.'s Mots. at 1, ECF No. 29.

Krol's motions are ripe for decision. For the reasons explained below, the Court denies Krol's motions to revoke the detention order and reopen the detention hearing.

III. LEGAL STANDARD

A. Pretrial Detention Under the Bail Reform Act

Where a person has been ordered detained by a magistrate judge pending trial, "the person may file, with the court having original jurisdiction over the offense, a motion for revocation or amendment of the order." 18 U.S.C. § 3145(b). The D.C. Circuit has "not squarely decided" what the standard of review should be for such proceedings. See United States v. Munchel, 991 F.3d 1273, 1280 (D.C. Cir. 2021). But, as of 2021, every circuit to address the issue had held that a district court's review of a magistrate's detention order is de novo. See United States v. Chrestman, 525 F. Supp. 3d 14, 23 & n.5 (D.D.C. 2021) (collecting cases). Neither party argues otherwise. Accordingly, the Court will review the detention order de novo.

The Bail Reform Act permits the detention of a defendant awaiting trial only in "carefully defined circumstances." United States v. Simpkins, 826 F.2d 94, 96 (D.C. Cir. 1987). First, a defendant qualifies for pretrial detention if his case "involves" (1) an offense that falls into one of five enumerated categories that include "a crime of violence," 18 U.S.C. § 3142(f)(1), or (2) a serious risk that the defendant will flee, obstruct (or attempt to obstruct) justice, or threaten, injure, or intimidate a witness or juror (or attempt to do so), id. § 3142(f)(2)(A)-(B). Second, where the Bail Reform Act authorizes pretrial detention, the court "shall order the detention" of a qualifying defendant if it "finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community." Id. § 3142(e)(1). In other words, "the relevant inquiry is whether the defendant is a 'flight risk' or a 'danger to the community.' " United States v. Vasquez-Benitez, 919 F.3d 546, 550 (D.C. Cir. 2019). Moreover, a finding that no condition or combination of conditions will reasonably assure the safety of any other person and the community must be supported by clear and convincing evidence. 18 U.S.C. § 3142(f)(2).

B. Reopening a Detention Hearing

The Bail Reform Act further provides that a detention hearing

may be reopened . . . at any time before trial if the judicial officer finds that information exists that was not known to the movant at the time of the hearing and that has a material bearing on the issue whether there are conditions of release that will reasonably assure the appearance of such person as required and the safety of any other person and the community.

18 U.S.C. § 3142(f)(2). Although the statute does not define "material bearing," it has been defined to "refer to information that actually affects the Court's decision whether to detain the...