United States v. DeGrave

• Decision Date: 14 May 2021
• Docket Number: Criminal No. 21-0090 (PLF)
• Citation: 539 F.Supp.3d 184
• Parties: UNITED STATES of America v. Nathaniel J. DEGRAVE, Defendant.
• Court: U.S. District Court — District of Columbia

539 F.Supp.3d 184

UNITED STATES of America

v.Nathaniel J. DEGRAVE, Defendant.

Criminal No. 21-0090 (PLF)

United States District Court, District of Columbia.

Signed May 14, 2021

Kaitlin Ann Vaillancourt, Assistant U.S. Attorney, U.S. Attorney's Office, Washington, DC, for United States of America.

OPINION

PAUL L. FRIEDMAN, United States District Judge

Defendant Nathaniel J. DeGrave is charged in a nine-count indictment based on conduct related to the events at the United States Capitol on January 6, 2021. Following the arrest of Mr. DeGrave on January 28, 2021, Magistrate Judge Daniel Albregts of the United States District Court for the District of Nevada ordered Mr. DeGrave detained pursuant to 18 U.S.C. § 3142(f)(2). Order of Detention Pending Trial, United States v. DeGrave, 21-mj-0109 (D. Nev. Feb. 3, 2021) [Dkt. No. 8] at 2. At Mr. DeGrave's arraignment before this Court on March 16, 2021, defense counsel moved orally for modification of pretrial detention and immediate release. Upon careful consideration of the extensive briefing, including supplemental briefing that followed the arguments of the parties at the detention hearings on March 25, 2021 and April 26, 2021, the Court denied Mr. DeGrave's motion by Memorandum Opinion and Order of May 6, 2021 [Dkt. No. 37]. This Opinion sets forth the Court's reasoning in support of that order.¹

I. BACKGROUND

Nathaniel J. DeGrave is charged in a nine-count indictment with three counts that the government states are charged as felonies: Count One, Assaulting, Resisting, or Impeding Certain Officers, in violation of 18 U.S.C. § 111(a)(1) ; Count Two, Civil Disorder, in violation of 18 U.S.C. § 231(a)(3) ; and Count Three, Obstruction of an Official Proceeding and Aiding and Abetting, in violation of 18 U.S.C. §§ 1512(c)(2) and 2.² Mr. DeGrave is also charged with six misdemeanors: Count Four, Entering and Remaining in a Restricted Building or Grounds, in violation of 18 U.S.C. § 1752(a)(1) ; Count Five, Disorderly and Disruptive Conduct in a Restricted Building or Grounds, in violation of 18 U.S.C. § 1752(a)(2) ; Count Six, Disorderly Conduct in a Capitol Building, in violation of 40 U.S.C. § 5104(e)(2)(D) ; Count Seven, Impeding Passage Through the Capitol Grounds or Buildings, in violation of 40 U.S.C. § 5104(e)(2)(E) ; Count Eight, Act of Physical Violence in the Capitol Grounds or Buildings, in violation of 40 U.S.C. § 5104(e)(2)(F) ; and Count Nine, Parading, Demonstrating, or Picketing in a Capitol Building, in violation of 40 U.S.C. § 5104(e)(2)(G). Indictment at 1-4. The evidence proffered by the government in support of Mr. DeGrave's continued pretrial detention and the procedural history of this case are described below.

A. Factual and Procedural History

Mr. DeGrave is a thirty-one-year-old resident of Las Vegas, Nevada who has recently been self-employed in marketing and has worked as a personal trainer. Def. Reply ¶¶ 4-6. In late December of 2020, Mr. DeGrave began participating in discussions on Facebook with two individuals, Ronald Sandlin and Josiah Colt, concerning plans to travel to Washington, D.C. on January 6, 2021, the date on which Congress was scheduled to certify the Electoral College vote count for the 2020 Presidential Election. See Gov't Opp. at 6. On December 23, 2020, Mr. Sandlin posted a message on Facebook that included the following invitation: "Who is going to Washington D.C. on the 6th of January? I'm going to be there to show support for our president and to do my part to stop the steal and stand behind Trump when he decides to cross the rubicon.... If you're going comment below or PM me so we can meet up." Statement of Facts at 4; see also Gov't Opp. at 8.³ Mr. DeGrave responded to Mr. Sandlin's post, writing that he was "considering" joining and that he could "come to Nashville and drive there with you." Gov't Opp. at 8.

In a December 30, 2020 Facebook conversation, Mr. Sandlin wrote to Mr. DeGrave, "Yo sorry bro I'm going back and fourth [sic] about going some people I respect are saying it may get dangerous." Mr. Sandlin added, "Are you down for danger bro?" Mr. DeGrave responded, "Im [sic] bringing bullet proof clothing" and "yes." Gov't Opp. at 9-10.⁴ Subsequently on December 31, 2020, Mr. Sandlin issued the following public Facebook post:

Dear Patriots, I'm organizing a caravan of patriots who are going to Washington D.C. to stand behind our president Donald J. Trump. I posted about this last week and a [sic] got almost a dozen messages from people asking how they can help or expressing their wish to participate somehow. Josiah Colt, Nate DeGrave, and myself have already booked and paid for our trip to Washington D.C. but we could use your help and support! Every dollar you contribute to us is a smack in the face to Antifa. Every penny is a boot in the ass against tyranny. Every Buffalo nickel is a body slam against China. If you can't be there in person this is the next best thing. We will be documenting our journey and every contributer [sic] will get a personal thank you video shot on location in Washington D.C. and will be featured as a contributor on the video mini documentary. Share, comment, like, and hate on us in the comments.

Statement of Facts at 4; see also Gov't Opp. at 8-9. This post included a link to a GoFundMe fundraising page that featured a photoshopped image of Mr. Sandlin holding what the government characterizes as a semi-automatic rifle. Statement of Facts at 4; see also Gov't Opp. at 9. Mr. DeGrave commented on the GoFundMe page, "It's time the American people rise and stand up for this country. We're tired of the corruption." Statement of Facts at 5; see also Gov't Opp. at 9. In a separate Facebook conversation, Mr. DeGrave described media outlets including "cnn ny times, abc, fox, associated press" as "the fakers of the fake." Gov't Opp. at 9. In response to another user's question regarding whether such outlets were "all lying when they say Joe Biden won the election," Mr. DeGrave responded, "Correct." Id.

Also on December 31, 2020, Mr. DeGrave posted to Facebook, "Who can shoot and has excellent aim and can teach me today or tomorrow." Gov't Opp. at 10. In response to a another user's comment on this post Mr. DeGrave wrote: "I want somebody special forces or ex fbi to teach me"; "I want personalized training from the best"; and "I'm open to learning all the essential skills. Whatever is necessary to survive." Id. When another user made a recommendation but cautioned, "he's not cheap," Mr. DeGrave responded that "this is for a very patriotic cause." Id. In another Facebook conversation Mr. DeGrave wrote that he would be in Washington, D.C. on January 6 with Messrs. Sandlin and Colt and wanted to "grow my army strong so will probably be making connections out there." Id.

December 31, 2020 was also the day on which Messrs. DeGrave, Sandlin, and Colt began a private group chat in which they discussed their plans for January 6, including "shipping guns" to Mr. Sandlin's residence in Tennessee and selecting a location at which they would meet before driving together to Washington, D.C. Gov't Opp. at 10. The government alleges that Messrs. DeGrave, Sandlin, and Colt "filled up their Amazon shopping carts with weapons and paramilitary gear to take to the Capitol," although the government does not clarify whether they followed through on purchasing this gear. Id. Mr. DeGrave wrote in the group chat that he was "looking at a 100w laser the thing that can instantly burn paper." Id. In response to a question from Mr. Sandlin regarding whether he wanted to use it to "burn these communists retinas," Mr. DeGrave replied, "I don't but would rather do that then have to shoot someone" but "would be totally possible though," adding, "all purely self defence [sic] might I add. [B]ut will be ready." Id. The same day, Mr. DeGrave asked for Mr. Sandlin's address and wrote that he had "about 300 worth of stuff coming to you." Id. Mr. Sandlin wrote, "Nate is really ready for battle hahaha." According to the government, Mr. Sandlin was reacting to a list of Mr. DeGrave's Amazon purchases. Id. at 10-11. The government does not describe the materials in this Amazon shipment, but Messrs. Sandlin and Colt later posted images of recent purchases, including a Glock holster, gas masks, and a helmet. Gov't Opp. at 11.

On January 3, 2021, Mr. DeGrave posted on Facebook "a picture of various items of clothing with skulls on them, a helmet, and a face mask" under the caption "Gearing up. Only a fraction of what I have. #fbappropriate #dc #jan6 #drdeath." Gov't Opp. at 11. He also posted that he was "flying in with friends on the 6th. We're ready to do what is necessary to save the country." Id. On January 4, 2021, messages from the group chat show Messrs. DeGrave, Sandlin, and Colt discussing where to meet in Washington, D.C. Id. Mr. DeGrave forwarded Messrs. Sandlin and Colt a post from the social media application Parler with the following hashtags: #DoNotCertify, #january6th, #stopthestealcaravan, #darktolight, #thegreatawakening, #DRAINTHESWAMP. Mr. DeGrave added, "let em try us." Id.

Messrs. DeGrave, Sandlin, and Colt met at Mr. Sandlin's residence in Tennessee and drove together to the Washington, D.C. area, where they arrived on January 5. Gov't Opp. at 11. The group allegedly transported the following weapons in their vehicle from Tennessee: "one Glock 43 pistol, one pocket gun, two magazines of ammunition, bear mace, gas masks, a handheld taser/stun gun, military style vests/body armor, two helmets, an expandable baton, walkie talkies, and several knives." Id. at 11.⁵ The government concedes that it has no evidence that Mr. DeGrave carried any weapon with him to the Capitol on January 6, although it alleges that Messrs. Sandlin and Colt each carried knives to the Capitol and Mr. Colt carried bear mace. Id.

On January 6, Messrs. DeGrave, Sandlin, and Colt recorded several videos while in the Washington, D.C. area, but before going...