United States v. McAbee
| Decision Date | 03 September 2022 |
| Docket Number | Crim. Action 21-35-7 (EGS) |
| Parties | UNITED STATES OF AMERICA v. RONALD COLTON MCABEE, Defendant. |
| Court | U.S. District Court — District of Columbia |
Mr Ronald Colton McAbee (“Mr. McAbee” or “Defendant”) has been charged in a federal indictment with seven serious offenses arising from his participation in the events at the U.S. Capitol on January 6 2021. See Mem. Op., ECF No. 166; Redacted Third Superseding Indictment, ECF No. 154. Shortly after his arrest in his home state of Tennessee, Magistrate Judge Jeffrey S Frensley issued an order for Mr. McAbee's release to home detention with certain conditions. See Mem. Op., ECF No. 166 at 12.[1] The Government filed an emergency motion to review the Magistrate Judge's Release Order and stay that decision pending resolution of the appeal. See id. at 13. The Court granted the stay and, following extensive briefing and a motion hearing, granted the Government's motion to detain Mr. McAbee pending trial. See id. at 13, 41.
Now pending before the Court is Mr. McAbee's Motion for Reconsideration of the Detention Order. See Def.'s Mot. Recons. Detention Order (“Def.'s Mot.”), ECF No. 191. Upon careful consideration of the motion, opposition, and reply thereto, the applicable law and the entire record herein, Mr. McAbee's motion is DENIED.
The Third Superseding Indictment charges Mr. McAbee with the following offenses: (1) one count of Inflicting Bodily Injury on Certain Officers or Employees and Aiding and Abetting, in violation of 18 U.S.C. §§ 111(a)(1) and (b) and 2; (2) one count of Assaulting, Resisting, or Impeding Certain Officers or Employees, in violation of 18 U.S.C. § 111(a)(1); (3) one count of Civil Disorder, in violation of 18 U.S.C. § 231(a)(3); (4) one count of Entering or Remaining in any Restricted Building or Grounds with a Deadly or Dangerous Weapon, in violation of 18 U.S.C. §§ 1752(a)(1) and (b)(1)(A); (5) one count of Disorderly and Disruptive Conduct in any Restricted Building or Grounds with a Deadly or Dangerous Weapon, in violation of 18 U.S.C. §§ 1752(a)(2) and (b)(1)(A); (6) one count of Engaging in Physical Violence in any Restricted Building or Grounds with a Deadly or Dangerous Weapon, in violation of 18 U.S.C. §§ 1752(a)(4) and (b)(1)(A); and (7) one count of Act of Physical Violence in the Capitol Grounds or Buildings, in violation of 5104(e)(2)(F). See Redacted Third Superseding Indictment, ECF No. 154 at 5-12.
The Court sets forth below a brief summary of the factual evidence proffered by the Parties.[2] The Court previously discussed many of the following facts in its December 21, 2021 Memorandum Opinion granting the Government's motion for review of the Release Order. See Mem. Op., ECF No. 166 at 3-11.
Mr. McAbee is a 28-year-old who lived in Tennessee before his detention in this case. See id. at 3. He previously served in law enforcement, having worked as a sheriff's deputy at the Cherokee County, Georgia Sheriff's Office until November 2020 and then the Williamson County, Tennessee Sheriff's Office until March 2021. Id.
In December 2020, Mr. McAbee started to exchange text messages with another person (Associate-1). Id. The pair discussed plans to travel to Washington, D.C. on January 6, 2021, the date on which Congress was scheduled to convene and certify the Electoral College vote count for the 2020 Presidential Election. Id. They coordinated travel logistics and discussed what items they would bring with them to Washington, D.C. Id. at 4. Among the items discussed were a firearm magazine, a knife, brass knuckles, and a t-handle tire puncture. Id. at 4-5. At Mr. McAbee's request, Associate-1 purchased for him an item called “Steel Outdoor Reinforced Brass Knuckle Motorcycle Motorbike Powersports Racing Textile Safety Gloves” through Amazon. Id. at 5.
At around the same time, in December 2020, Mr. McAbee underwent a medical examination for a shoulder injury he sustained in a car accident. Id. at 4 & n.4. Because of that examination, he was excused from work at the Williamson County Sheriff's Office for the period from December 30, 2020 to January 14, 2021, which included the day he participated in the riot at the U.S. Capitol. Id. at 4 n.4. On January 14, 2021, he was cleared to return to work. Id.
Meanwhile, Mr. McAbee and Associate-1 prepared themselves for January 6. Associate-1 told Mr. McAbee that he would have the previously-discussed metal-knuckled gloves and extra knives for him. See id. at 5-6. They also talked about the possibility of violence on January 6. See id. at 6. For instance, Mr. McAbee stated that he did not want certain people to travel with them because he did not think they “should be subject to violence,” and violence “w[ould] be there.” Id. (internal quotation marks omitted).
The Government's evidence establishes that on January 6, 2021, Mr. McAbee was at the U.S. Capitol. Id. He was wearing black gloves with hard, metal knuckles and a black tactical vest with one patch that read “SHERIFF” and another patch with insignia associated with the “Three Percenters,” which is “a loosely organized collection of individuals and militia group members.” Id. at 6 & n.5. Video and photographic evidence also show him wearing a red “Make America Great Again” baseball hat, a red face scarf, white sunglasses, and a black shirt with white lettering that read “DIFFERENT GENERATION.” Id. at 7.
More than two hours after rioters forced entry into the U.S. Capitol, Mr. McAbee was part of “a mob of hundreds of rioters” close to the archway and stairs at the U.S. Capitol building's Lower Western Terrace. Id. Video footage from approximately 4:27 p.m. shows rioters, including Mr. McAbee, near the archway leading to the Lower Western Terrace. Id. at 78. These rioters were “engaged in brutal assaults on at least three MPD Officers-Officers A.W., B.M., and C.M.,” during which rioters threw objects at the officers, struck them with weapons, knocked them to the ground, and dragged them down the stairs. Id. at 8 (alterations and internal quotation marks omitted).
Mr. McAbee was present at this assault. Id. Throughout, he was wearing his metal-knuckled gloves, and he briefly carried a black police baton. See id. Video footage shows that after other rioters (including two of Mr. McAbee's co-defendants) knocked Officer A.W. to the ground and took his police baton, Mr. McAbee grabbed the Officer by his left leg and torso. Id. Another codefendant grabbed the Officer's right leg, and together they dragged the Officer toward the stairs and the mob. Id. Mr. McAbee stood over Officer A.W., yelling at the other officers as they tried to help the officers and rioters who had been knocked to the ground. Id. at 9. When Officer C.M. pushed and hit him with a police baton, Mr. McAbee stood up straight, swung his arms at the Officer, and screamed profanities. Id. A codefendant then stepped in and assaulted Officer C.M. See id.
Officer A.W. remained on the ground. Id. Mr. McAbee stood over him and then grabbed him by his torso. Id. Mr. McAbee dragged the Officer out of the archway, causing the two of them to tumble together down the stairs and into the mob. Id. Mr. McAbee remained on top of Officer A.W., who was lying on his back, for the next twenty-five seconds. Id. Officer A.W. endured further violence from the mob at the bottom of the stairs: he “was kicked, struck with poles, and stomped on by several individuals, his helmet was ripped off, he was stripped of his baton and his MPD-issued cell phone, and he was maced while his helmet was off.” Id. at 10. The Officer suffered a laceration on his head, which was later treated with two staples. Id.
The riot continued for hours as more rioters entered the U.S. Capitol and physically engaged with law enforcement officers. Id. at 7. As for Mr. McAbee, the record evidence shows that he and other rioters attempted to provide medical assistance to a rioter in medical distress. Id. at 10. While he was helping that rioter, Mr. McAbee was pushed into the side of the archway by the mob, which aggravated his shoulder injury. See id. He then tried to get out of the riot and through the police line by pointing to the “SHERIFF” on his vest. See id.
After January 6, 2021, Mr. McAbee communicated with Associate-1 and another individual (“Associate-2”) about what transpired. See id. at 11. He sent Associate-1 and Associate-2 a picture of himself smiling and holding a newspaper with the headline “INSURRECTION.” Id. He messaged Associate-1 that he “call[s] for secession.” Id. (internal quotation marks omitted). Mr. McAbee also sent Associate-2 photographs of a bloodied baseball hat and a head injury, as well as a text message that read: Id.
Law enforcement officers later identified Mr. McAbee as a participant in the January 6, 2021 insurrection at the U.S. Capitol. Id.
On August 17, 2021, Mr. McAbee was arrested in his home state of Tennessee pursuant to an arrest warrant issued from the U.S District Court for the District of Columbia by Magistrate Judge Robin M. Meriweather. See Arrest Warrant Returned Executed, ECF No. 99. After briefing and a detention hearing, Magistrate Judge Frensley of the U.S. District Court for the Eastern District of Tennessee ordered Mr. McAbee released to home detention, which restricted him to his residence at all times except for employment; education; religious services; medical, substance abuse, or mental health treatment; attorney visits; court appearan...
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