The first Jan. 6 rioter to be convicted by a jury has requested a federal judge for a new trial, seeking acquittal on all five charges.
Attorneys for Guy Wesley Reffitt submitted filings for a new trial on Monday, arguing the court did not present sufficient evidence and casting doubt on testimony from government officials and other witnesses, such as Reffitt’s son.
A jury unanimously convicted Reffitt on March 8 for his involvement at the Capitol riot on five charges, including two counts of civil disorder and one count each of obstruction of an official proceeding, entering and remaining in a restricted building or grounds with a firearm, and obstruction of justice. He was the first Jan. 6 defendant to stand trial.
His sentencing is scheduled for June 8, and he faces up to 20 years in prison for each obstruction charge and another 10 years for entering and remaining in a restricted building with a firearm. However, Reffitt’s attorney is seeking an acquittal of all his charges, arguing his client is only partially guilty on one count of trespassing.
MAN PLEADS GUILTY TO ASSAULTING POLICE IN LOST JAN. 6 CASE
Reffitt, a member of the Three Percenters militia group, was at the front of the pack to breach the west side of the Capitol building wearing body armor and carrying a handgun on Jan. 6, according to the Justice Department.
In his filing Monday, Reffitt’s attorney pointed to testimony from Capitol Police officers that fail to prove Reffitt was armed at the Capitol — the officers who claimed in testimony that he had a holster on his waist, although none explicitly said they saw a gun — or that he threatened harm on law enforcement.
“He never tried to assault anyone, and he did not help anyone else commit an assault,” the filing said. “He did not break anything, and he did not take anything. He did not threaten harm, and he was not aggressive.”
The motion also sought to poke holes in other witnesses’ testimonies, including that of Reffitt’s son.
After the Capitol riot, Reffitt boasted about his actions and threatened his children not to report him to law enforcement, according to the Justice Department. However, his attorneys argued that this testimony is not solid and was only used for personal gain.
“Jackson Reffitt’s story has changed from he did not believe his dad would ever hurt him, to he took the threats seriously, and then to he’s pretty sure about what his dad said,” the filing said. “Hyping his story on CNN, Good Morning America and on his GoFundMe page has made Jackson Reffitt over $158,000.”
Testimony from Rocky Hardie, a former militia member who said he and Guy Reffitt came to Washington, D.C., together, also stands on shaky ground, his attorney argued. Hardie told the jury that they traveled to the Capitol with rifles and handguns.
“Only after the government gave Rocky Hardie immunity, did he claim that he and the defendant brought firearms to Washington,” the filing added. “Mr. Hardie seemed to have trouble remembering, and when he did not know what to say, he asked the government for examples.”
More than 775 people have been connected to the attack on Jan. 6, and 245 have been charged with assaulting or impeding law enforcement, according to the Justice Department.
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Reffitt was the first to be convicted on charges related to the Jan. 6 riot, setting the stage for other defendants in their similar trials. If his sentencing stands, he may face financial penalties in conjunction with jail time.
The U.S. Attorney’s Office declined to comment beyond its court filing, and attorneys for Reffitt did not respond to requests for comment by the Washington Examiner.
