In a significant development, two men, identified as Nicholas Ochs and Nicholas DeCarlo, have pleaded guilty to a felony charge for their actions during the breach of the U.S. Capitol on January 6, 2021. Ochs, the founder of the Hawaii chapter of the Proud Boys, and DeCarlo, who had traveled from Texas, disrupted a joint session of Congress, which aimed to count and ascertain the electoral votes related to the presidential election. The defendants threw smoke bombs at the police, illegally entered the Capitol building, and defaced a door with the phrase “Murder the Media.” These actions have resulted in their guilty plea for obstruction of an official proceeding, and they are set to be sentenced on December 9, 2022. The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section, with assistance from other U.S. Attorney’s Offices and law enforcement agencies.
Two Men Plead Guilty to Felony Charge for Jan. 6 Capitol Breach
Two individuals, Nicholas Ochs and Nicholas DeCarlo, have recently pled guilty to a felony charge for their involvement in the breach of the U.S. Capitol on January 6, 2021. This breach disrupted a joint session of the U.S. Congress, which had been convened to ascertain and count the electoral votes related to the presidential election. Ochs, the founder of the Hawaii chapter of the Proud Boys, and DeCarlo, who wrote “Murder the Media” on a Capitol Building door, both admitted to obstruction of an official proceeding as part of their guilty pleas.
The breach of the U.S. Capitol on January 6, 2021, was a significant event in American history. Protesters stormed the Capitol building, resulting in the disruption of the certification of the Electoral College results for the 2020 presidential election. This breach led to widespread condemnation and an ongoing investigation to hold those responsible accountable for their actions.
Men Pleaded Guilty to Felony Charge
Nicholas Ochs, 36, from Honolulu, Hawaii, and Nicholas DeCarlo, 32, from Fort Worth, Texas, recently entered guilty pleas to a felony charge of obstruction of an official proceeding. Ochs, as the founder of the Hawaii chapter of the Proud Boys, played a significant role in the breach. DeCarlo, on the other hand, gained attention for writing “Murder the Media” on a Capitol Building door.
Founder of Hawaii Chapter of Proud Boys
Nicholas Ochs, at the time of the breach, was not only a member but also the founder of the Hawaii chapter of the Proud Boys. The Proud Boys describe themselves as a “pro-Western fraternal organization for men who refuse to apologize for creating the modern world, aka Western Chauvinists.” Ochs held a senior leadership position within the group as an “Elder,” responsible for approving new chapters.
Wrote “Murder the Media” on Capitol Building Door
During the breach, Nicholas DeCarlo gained notoriety for his actions. He wrote “Murder the Media” on a door within the Capitol Building. This message was linked to a social media channel created by DeCarlo and Ochs, further highlighting their involvement in the events of January 6th.
Details of the Plea Agreement
The plea agreement entered by Ochs and DeCarlo included several key details regarding their actions during the breach.
Ochs traveled from Honolulu to Washington, D.C., arriving on January 5th, 2021. Upon arrival, he stayed at a hotel in Virginia alongside DeCarlo, who had traveled from Texas. On January 6th, both men attended a rally at the Ellipse before joining other individuals who were illegally on the Capitol grounds. Ochs and DeCarlo threw smoke bombs at a police line and eventually climbed the stairs to the Upper West Terrace. They proceeded to enter the Capitol through the Senate Wing Doors and moved through various areas of the building, including the Crypt, Capitol Visitor’s Center, East Foyer, Statuary Hall, and the Rotunda. They exited the building at 3 p.m.
Similarly, DeCarlo traveled from Texas to Washington, D.C., and stayed at the same hotel in Virginia as Ochs. He attended the Ellipse rally and accompanied Ochs in throwing smoke bombs at the police line. DeCarlo then followed the same path as Ochs through the Capitol Building, ultimately writing “Murder the Media” on a door. He also rummaged through a U.S. Capitol Police duffel bag by the Memorial Door, taking a pair of plastic handcuffs. As they left the Capitol, Ochs recorded DeCarlo’s actions, expressing regret for not being able to livestream their actions during the breach.
Actions Inside the Capitol
Once inside the Capitol building, Ochs and DeCarlo navigated different areas, leaving evidence of their presence and involvement.
Entrance through the Senate Wing Doors
At approximately 2:23 p.m., both Ochs and DeCarlo illegally entered the Capitol building through the Senate Wing Doors. This unauthorized entry marked a significant moment in their participation in the breach.
Movements through Various Areas
During their time inside the Capitol, Ochs and DeCarlo moved through several areas, including the Crypt, Capitol Visitor’s Center, East Foyer, Statuary Hall, and the Rotunda. Their movements were recorded and documented, providing evidence of their actions.
Writing “Murder the Media”
One notable action taken by DeCarlo was writing “Murder the Media” on the Chestnut-Gibson Memorial Door. This act was recorded by Ochs, who was capturing their actions throughout the breach. The phrase “Murder the Media” was linked to their social media channel.
Rummaging Through a U.S. Capitol Police Duffel Bag
As they approached the Memorial Door, DeCarlo and Ochs also rummaged through a U.S. Capitol Police duffel bag. DeCarlo took a pair of plastic handcuffs from the bag, further indicating their unauthorized access to restricted areas of the Capitol.
Ochs Recording the Actions
Throughout their time within the Capitol, Ochs recorded their actions, expressing regret at not being able to livestream their activities. These recordings would later serve as evidence of their participation in the breach.
Arrest and Sentencing
Both Ochs and DeCarlo were subsequently arrested for their involvement in the breach, with arrest dates varying depending on their locations.
Ochs’ Arrest in Honolulu on Jan. 7, 2021
Nicholas Ochs was arrested on January 7, 2021, in Honolulu. Law enforcement authorities took him into custody following the events of January 6th.
DeCarlo’s Arrest in Burleson, Texas on Jan. 26, 2021
Nicholas DeCarlo was apprehended by law enforcement on January 26, 2021, in Burleson, Texas. His arrest marked another step in the ongoing effort to identify and bring to justice those involved in the breach.
Scheduled Sentencing for Dec. 9, 2022
The sentencing hearing for Ochs and DeCarlo has been scheduled for December 9, 2022. The court will consider various factors, including the U.S. Sentencing Guidelines, before determining their sentences. The maximum penalty for obstruction of an official proceeding is 20 years in prison, in addition to potential financial penalties.
While the exact penalties awaiting Ochs and DeCarlo will be determined by the court, they could face significant consequences for their actions. Obstruction of an official proceeding is a felony offense, and a conviction can result in substantial prison time and financial penalties.
Prosecution and Investigation
The prosecution of Ochs and DeCarlo’s case is being handled by the U.S. Attorney’s Office for the District of Columbia, in coordination with the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance has also been provided by the U.S. Attorney’s Offices for the Northern District of Texas and the District of Hawaii. These efforts highlight the seriousness with which the breach of the Capitol is being treated by law enforcement authorities.
Ongoing Investigation and Tips
The investigation into the breach of the U.S. Capitol remains ongoing. To date, over 870 individuals have been arrested across nearly all 50 states for crimes related to the breach. Additionally, more than 265 individuals have been charged with assaulting or impeding law enforcement officers during the events of January 6th.
Law enforcement agencies continue to encourage anyone with information related to the breach to come forward. Tips can be reported to the FBI through the number 1-800-CALL-FBI (1-800-225-5324) or tips.fbi.gov. By providing information, individuals can contribute to the ongoing effort to fully understand and address the events of January 6, 2021.
In conclusion, the recent guilty pleas entered by Nicholas Ochs and Nicholas DeCarlo mark another milestone in the ongoing investigation into the breach of the U.S. Capitol on January 6, 2021. The consequences of their actions, and those of others involved in the breach, continue to be pursued by law enforcement authorities. As the investigation moves forward, it is essential to hold accountable those who participated in this attack on our democracy.