United States v. Taylor

UNITED STATES OF AMERICA, v. RUSSELL TAYLOR, Defendant.

No. 1:21-cr-392-RCL-2

United States District Court, District of Columbia

August 11, 2021

MEMORANDUM OPINION

Royce C. Lamberth United States District Judge

After defendant Russell Taylor was arrested on charges stemming from his participation in the January 6, 2021, breach of the United States Capitol, a magistrate judge in the Central District of California ordered him released pending trial. United States v. Taylor, No. 8:21-mj-00415 (C.D Cal. June 11, 2021), ECF No. 4 (hereinafter “Magistrate Release Order”). The magistrate judge stayed that order so the government could appeal to this Court. Id. The government then moved this Court for an extended stay so it could brief its motion to revoke the magistrate judge's release order. ECF No. 8. After holding a hearing on the stay motion, this Court denied the government's request for a stay. ECF No. 17.

The government now asks this Court to revoke the magistrate judge's order releasing Taylor as he awaits trial. ECF No. 11. After Taylor filed his opposition, ECF No. 39, the government did not file a reply. On August 3, 2021, the Court held a hearing on the government's motion. 8/3/2021 Min Entry. The motion is now ripe for the Court's consideration.

Upon consideration of the parties' filings, ECF Nos. 11 &39, the arguments set forth at the hearing, and the underlying record, the Court will DENY the government's motion to revoke the magistrate judge's release order. The government's burden to justify pretrial detention by clear and convincing evidence is a heavy one, which the government has not met here.

BACKGROUND

A. Factual Allegations

The government proffers the following factual allegations in support of its motion for revocation of Taylor's release. On January 1, 2021, Taylor, using the moniker “Porter RockQwell, ” started a Telegram chat group called the “DC Brigade” to organize a group of “fighters” to travel with weapons to Washington, D.C., on January 6, 2021. ECF No. 11 at 2. On Telegram, Taylor described the group's members as “ready and willing to fight.” Id. at 3. While the group's “intent [wa]s not to go after and seek violence, ” he explained that once “events begin to unfold[, ] that may change.” Id. In another message to the group, he stated that he “assum[ed]” other members had “some type of weaponry that [they were] bringing . . . and plates as well.” Id. He then asked group members to identify if they had prior law enforcement experience or “special skills relevant to [the group's] endeavors, ” as well as the date and time of the members' arrival in D.C. Id. He identified a hotel in Downtown D.C. as the “main location for meeting.” Id.

From that point forward, members of the DC Brigade, including Taylor's co-defendants, began sharing information about their skills, travel plans, and the weapons they planned to bring to Washington D.C. Id. Taylor even provided advice about the weapons permitted in D.C. For example, he wrote in one post, “I believe that you can carry most fixed blades just not into the government buildings. Something tells me though if we are inside government buildings it won't be on the top of our list.” Id. at 4. He coordinated with his co-defendants to establish a radio channel for the group to use while on the ground in D.C., and co-defendant Alan Hostetter drove across the country with Taylor's backpack, which was full of weapons. Id.

The government argues that several of Taylor's statements and affiliations are indicative of his intent for January 6. In Telegram messages, Taylor expressed that it was his “honor” to “to be engaged in this war at this time.” Id. at 5. He stated that he “personally want[ed] to be on the front steps and be one of the first ones to breach the doors.” Id. Taylor also gave a speech on January 5, 2021 near the Capitol as part of the Virginia Women for Trump rally. Id. In his speech, Taylor described himself as a “free American” who would “fight” and “bleed before [ ] allow[ing] our freedom to be taken from us.” Id. He declared that “anti-Americans . . . have brought out the Patriot's fury onto these streets and they did so without knowing that we will not return to our peaceful way of life until this election is made right, our freedoms are restored, and America is preserved.” Id. at 5.^[1]

On the evening of January 5, Taylor sent a message over Telegram stating that he was “getting ready for tomorrow” with a picture of tactical gear. Id. at 6. This photo shows the tactical vest, knife, gloves, scarf, and backpack that Taylor wore at the Capitol on January 6, 2021. The photo also shows additional weapons, including two hatchets and a stun baton. Id. After Taylor's co-defendants arrived in D.C. with additional weapons, the group continued to use the DC Brigade chat to communicate and identified a radio channel for communication on the ground in D.C. Id.

On January 6, 2021, Taylor wore his tactical plate-carrier armored vest, a knife, and a backpack, which carried his stun baton. Id. at 6-7. He went to listen to former-President Trump's speech at the Ellipse from outside the secured perimeter because of the weapons he was carrying. Id. at 7. Taylor then marched to the Capitol, where the government alleges that he was among an initial group of rioters who clashed with law enforcement at the Lower West terrace of the Capitol building. Id. There, Taylor filmed a video in which he encouraged other rioters who were fighting with the officers, shouting, “Move forward, Americans!” before telling the officers located a few feet from his position, “Last Chance Boys. Move Back!” Id. The government has a photo of Taylor joining the crowd of rioters pushing against the police line. Id.

Despite being hit with pepper spray, Taylor and the group of rioters pushed past the officers' barrier. Id. at 7-8. Taylor and Hostetter then continued past the officers and up the staircase on the Upper West Terrace, where they took photos of themselves. Id. at 8. Once there, they also met up with co-defendants Derek Kinnison and Felipe Martinez, who were also dressed in tactical gear. Id. at 9.

The government proffers several of Taylor's post-riot statements as evidence of his intent. At 6:18 P.M. following the riot, Taylor posted to a Telegram chat, “I was pushing through traitors all day today. WE STORMED THE CAPITOL! Freedom was fully demonstrated today!” Id. Later that evening when a friend asked Taylor what would happen next, Taylor responded, “Insurrection!” Id. On January 7, 2021, Taylor urged others in the DC Brigade chat to “hold the f***ing line.” Id. at 14. At a hearing on the present motion, the government also proffered statements between Taylor and co-defendant Kinnison on January 10 about the need to “lay low” even though it was a critical time to “organize.”

B. The Government's Investigation and Taylor's Arrest

Shortly after January 6, the FBI began receiving public tips which identified Taylor as having participated in the Capitol riot. Id. at 9-10. The tips included images and videos of Taylor wearing a knife in his tactical plate-carrier vest and Taylor with a group of other rioters pushing through a line of law enforcement officers. Id. at 10.

On January 27, 2021, the FBI executed a search warrant at Taylor's and Hostetter's homes. There, the FBI reviewed Taylor's phone and ultimately identified the DC Brigade Telegram chat as well as additional evidence. Id.

It was not until June 9, 2021, that a grand jury charged Taylor and five co-defendants in an eight-count indictment for their participation in the Capitol riot. Taylor was charged with six felonies, including Conspiracy to Obstruct Official Proceedings (18 U.S.C. § 1512(k));

Obstruction of an Official Proceeding and Aiding and Abetting (18 U.S.C. § 1512(c)(2) and § 2); Obstruction of Law Enforcement During Civil Disorder and Aiding and Abetting (18 U.S.C. § 231 and § 2); Entering and Remaining in a Restricted Building and Grounds and Carrying a Deadly or Dangerous Weapon (18 U.S.C. § 1752(a)(1) and (b)(1)(A)); Entering and Remaining in a Restricted Building and Grounds and Carrying a Deadly or Dangerous Weapon (18 U.S.C. § 1752(a)(2) and (b)(1)(A)); and Unlawful Possession of a Dangerous Weapon on Capitol Grounds and in Buildings (40 U.S.C. § 5104(e)(1)(A)). ECF No. 1. The most serious of these offenses includes a maximum penalty of 20 years' incarceration. See 18 U.S.C. § 1512(c)(2). An arrest warrant was issued on the same date.

On June 10, 2021, pursuant to Taylor's request, the government notified Taylor's defense counsel of the arrest warrant and directed Taylor to self-surrender. See ECF No. 19; ECF No. 11 at 10. Taylor was taken into the FBI's custody later that day. ECF No. 11 at 11.

C. Procedural History

On June 10, 2021, the day of his arrest, Taylor had his initial appearance before a magistrate judge in the Central District of California. Over the government's objection, the magistrate judge issued an order releasing the defendant^[2] but staying the order until 5:00 P.M. on June 15, 2021, to allow the government time to appeal. Id.

The government then moved in this Court for a stay pending disposition of its forthcoming motion to revoke the release order. ECF No. 8. The Court held a hearing on the stay motion and denied it, finding that the government was unlikely to succeed on the merits of its motion to revoke the release order. ECF Nos. 16, 17. After the government filed the present motion to revoke, ECF No. 11, Taylor filed an opposition to which the government did not reply, ECF No. 39. The Court held a hearing on the motion to revoke on August 3 2021. 8/3/2021 Min. Entry. The motion to revoke Taylor's release order is now ripe for the Court's consideration....