Kentucky Man, 43, Convicted of Multiple Felonies for Role in Jan. 6 Capitol Breach

Two Men Convicted of Felony and Misdemeanor Charges for Role in Jan. 6 Capitol Breach

WASHINGTON – In a stunning display of lawlessness, two men from Kentucky and Florida have been convicted of felony and misdemeanor charges related to their conduct during the Jan. 6, 2021, breach of the U.S. Capitol.

Joseph Irwin, 43, of Cecilia, Kentucky, and John Joseph Richter, 39, of Port Charlotte, Florida, were found guilty in U.S. District Court for the District of Columbia of multiple felony and misdemeanor offenses following a bench trial before U.S. District Court Judge Randolph D. Moss.

Irwin was convicted of three felonies, including obstruction of an official proceeding, entering and remaining in a restricted building or grounds with a deadly or dangerous weapon, and disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon. In addition to the felonies, Irwin was convicted of misdemeanor offenses of entering and remaining on the floor of Congress, disorderly conduct in a Capitol building, and parading, demonstrating, or picketing in a Capitol building.

Richter was convicted of the felony offense of obstruction of an official proceeding. In addition to the felonies, Richter was convicted of misdemeanor offenses of entering and remaining in a restricted building or grounds, entering and remaining on the floor of Congress, disorderly conduct in a Capitol building, and parading, demonstrating, or picketing in a Capitol building.

According to court documents, in the weeks and days leading up to Jan. 6, 2021, the two planned to travel to Washington, D.C., on January 6th with the intent to obstruct the certification of the Electoral College vote. In one text message, Richter sent Irwin a photo discussing the Electoral College certification process on January 6 and former Vice President Mike Pence’s role in the certification.

As the two men discussed their travel plans to Washington, D.C., they discussed the potential for violence and their roles. In one message, Irwin asked Richter, “Are we go[ing] open militia or innocent/ready bystander.” Richter responded, “Well I think we are gonna be in a huge crowd mostly. So we will have to be opportunists most likely. Gnome sayin? I like the ready bystander wildcard approach myself.”

The two also discussed bringing supplies to Washington, D.C., such as flagpoles, goggles, battery banks, and full-face gas masks. In one message, Richter circulated a photo of a metal pointed flagpole he intended to bring to Washington, D.C. Richter explained that he would bring the all-black American flag because the “All black flag means no quarter will be given. It’s time to do patriot s—.” Irwin also discussed bringing a wooden pole that he inscribed with a black American flag; he said that his “wooden stick is heavy as f—.”

On Jan. 6, 2021, the two men attended the “Stop the Steal” rally on the National Mall in Washington, D.C., and afterward marched to the U.S. Capitol building, carrying their previously discussed poles in hand. Richter carried a black American flag with a pointed metal tip, and Irwin carried a heavy wooden pole.

After reaching the Capitol grounds, Irwin and Richter ascended to the Upper West Terrace and approached a group of police officers that had just arrived on Capitol grounds. Irwin approached the police officers while wielding his wooden pole at them. Irwin repeatedly yelled at the officers to “Go Home!!” and then aggressively smashed his pole on the ground in a threatening manner at the police officers, ultimately breaking his wooden pole into two pieces.

Next, Irwin and Richter made their way to the Senate Wing Door. Richter disassembled his pole into two pieces and handed one piece of the pole—with a metal tip—to Irwin. Irwin then used the metal-tipped pole to smash through a door to the Senate Wing, causing damage to the door and surrounding area.

Judge Moss will sentence the men on Aug. 9, 2024.