Olathe Proud Boy might remain in custody in Capitol riot case until at least January
An Olathe Proud Boy charged with conspiracy in the Capitol riot case learned on Friday that he might remain in jail until at least early January.
That news came at a hearing in U.S. District Court for the District of Columbia for four Kansas City-area Proud Boys and two Arizona siblings who prosecutors say conspired to breach the Capitol on Jan. 6.
After learning that the government was still working on processing all the discovery materials to provide to the defendants and that some defendants were working on potential plea negotiations, U.S. District Judge Timothy Kelly set the next court hearing for Jan. 5 — one day shy of the anniversary of the insurrection.
While the other defendants, who all have been free on personal recognizance bonds, had no objection to the three-month wait, William Chrestman’s attorney, Peter Cooper, raised concerns. Chrestman has been in custody since federal agents arrested him on Feb. 11.
“I certainly understand why you would have a different view,” Kelly told Cooper. Part of the reason for the delay, Kelly said, is “unfortunately because of the COVID situation we’re in here.”
The courthouse has a limited ability to accommodate trials during the pandemic, he said.
“Based on my review of the matters that have been scheduled so far, we would not be able to host a jury trial with this many defendants and a case this complex... between now and Jan. 6,” Kelly said.
Cooper said he would file a motion for the court to revisit Chrestman’s detention status and bond conditions. Kelly told him he was free to do so at any time.
“Whether you will be successful at that, I don’t know,” Kelly said.
Chrestman was indicted Feb. 26 along with Christopher Kuehne of Olathe, Louis Enrique Colon of Blue Springs, Ryan Keith Ashlock of Gardner and siblings Cory and Felicia Konold of Arizona on conspiracy charges and other offenses related to the riot.
Chrestman, an unemployed union sheet metal worker, also was charged with threatening to assault a federal law enforcement officer and carrying a wooden ax handle while in the Capitol building and on the grounds. Prosecutors have alleged that Chrestman was a key player in the riot.
In July, Kelly denied Chrestman’s request to be released from custody, upholding a previous judge’s ruling that he was a danger to the community.
Kelly went through a laundry list of Chrestman’s alleged actions on the day of the riot that the judge said were captured by dozens of photos and videos. The actions, Kelly said, included Chrestman wielding an ax handle, encouraging the crowd to storm the Capitol and confronting law enforcement, telling an officer that “You shoot and I’ll take your f------ ass out!”
“Mr. Chrestman was much more — much, much more — than someone who merely cheered on the violence or who entered the Capitol after others cleared the way,” Kelly said.
The Proud Boys have been at the forefront of the federal investigation into the Jan. 6 insurrection. Authorities have arrested more than 30 Proud Boys from around the country, including several in leadership positions, on charges ranging from disorderly conduct to conspiracy to assaulting a federal officer.
Also at Friday’s hearing, the judge heard a motion filed by Colon that would allow him to stop wearing an ankle bracelet for monitoring.
“Mr. Colon is an electrician gainfully employed as an outside lineman,” the motion said. “As the fall and winter months are fast approaching, Mr. Colon will be required to wear appropriate approved work boots to comply with union and employer rules. These boots will simply not comfortably allow for the Stand Alone Monitoring ankle device.”
Kelly told Colon’s attorney, J.R. Hobbs, to consult with prosecutors and provide him with more specifics on what other kind of monitoring would be used before he issued his ruling.
Kelly also considered a motion filed Tuesday by Felicia Konold — who is pregnant and nearing her delivery date — that asked the court to suspend her GPS monitoring and ankle bracelet requirements until six weeks after her baby is born.
According to the motion, Konold’s physician told her on Sept. 20 that she had the potential “to spontaneously deliver anywhere from now until forty-one (41) weeks.” She delivered her first baby six weeks early, it said.
“In addition, Ms. Konold is planning to have a water-birth and the continued restriction that is imposed, even with the government’s addendum to removing the device two (2) weeks before her due-date, will prevent Ms. Konold from delivering in this manner.”
Kelly had already modified her conditions of release to allow her to be on home curfew from 9 p.m to 6 a.m. and suspend her electronic monitoring two weeks before and after her due date. He told both parties to discuss the new request and get back to him by next week so he could make a prompt decision.
Last month, Cory Konold filed a motion asking that he be allowed to stop wearing an ankle bracelet and discontinue the GPS monitoring, saying the devices interfered with his work and physical fitness activities.
Konold is a digger and line installer who lays internet fiber along roadways, homes and businesses, the motion said.
“Mr. Konold has had to leave work unexpectedly because of malfunctions with the Stand Alone Monitoring with GPS,” it said. “This has caused him to lose full days of work because once returning home to rectify the problem, the device then locks. These multiple occurrences have jeopardized his employment.”
They also have prohibited Konold “from hiking, performing mechanic work on vehicles, and effected his ability to maintain physical fitness,” the motion said.
Kelly ruled that Konold would be allowed to discontinue the monitoring during the day but would be on home curfew from 9 p.m. to 6 a.m. with electronic monitoring.
