A federal choose on Friday (March 19) refused to launch jailed ICED EARTH guitarist Jon Schaffer as he awaits trial in Washington in reference to the siege on the U.S. Capitol.
U.S. Justice of the Peace Decide Zia Faruqui ordered the 53-year-old musician, who resides in in Edinburgh, Indiana, held with out bail on six federal prison costs associated to his alleged involvement with the riot on the U.S. Capitol.
Schaffer, who’s being held in a Washington D.C. jail, appeared earlier than Faruqui for a video teleconference earlier right now.
In keeping with WUSA9, the choose cited Schaffer‘s feedback to a reporter throughout a MAGA rally in November that “if someone needs to carry violence, I believe there’s plenty of us right here which are prepared for it.”
Schaffer‘s lawyer, Marc Victor, argued his consumer’s feedback have been taken out of context, and that he is aware of he used unhealthy judgment on January 6 and desires he had a “do-over.” He identified that the guitarist has no prior file and insisted that he is not a hazard to the group. He additionally argued the musician was not liable for the riot and was inspired by former president Donald Trump.
“Individuals have the appropriate to imagine the best elected official,” Victor stated, in accordance with Indiana Public Media. “My consumer isn’t liable for what occurred on January 6.”
Schaffer‘s lawyer additionally claimed his consumer was within the Capitol for simply 60 seconds. He admitted Schaffer “used unhealthy judgment that day” by bringing “bear spray” into the Capitol, however insisted he was solely intending to make use of it for cover.
The choose dominated in opposition to Schaffer, nevertheless, discovering that whereas he wasn’t a flight danger, he does pose a hazard to the group. He stated Schaffer‘s actions are strengthened by “long-held beliefs and added these weren’t remoted occasions.
Schaffer, who can attraction Faruqui‘s choice, will seem in a standing listening to subsequent month.
Courtroom paperwork present Schaffer was initially scheduled to seem earlier than the court docket on Thursday, however was unable to on account of processing at a D.C. jail.
Lower than two weeks in the past, Schaffer‘s attorneys filed a movement to dismiss the fees in opposition to the guitarist for his involvement within the riot. Courtroom paperwork filed on March 9 requested that he be launched instantly below the declare that the federal government has violated the Speedy Trial Act, which establishes most time durations for various phases of a federal prison prosecution. Because the Speedy Trial Act required the federal government to file an data or an indictment inside 30 days of Schaffer‘s arrest, the “criticism should be dismissed,” Schaffer‘s attorneys wrote.
Schaffer waived his preliminary listening to in addition to his rights to an id listening to and manufacturing of a warrant in late January within the U.S. District Courtroom for the Southern District of Indiana, court docket paperwork state. He was then transported by a United States marshal to Washington, D.C. the place authorities attorneys and Schaffer‘s authorized group have mutually agreed to deal with all proceedings.
Two months in the past, authorities attorneys requested the choose to not supply Schaffer a bond when he goes in entrance of U.S. Justice of the Peace.
Final month, a person resembling Schaffer was seen in safety footage from the U.S. Capitol riot that the Home impeachment managers obtained and submitted as proof for former President Donald Trump‘s second impeachment trial. The clip in query, which was released by CNN on February 15, reveals rioters charging by a breached entrance and fascinating and pushing officers. Schaffer could be seen close to the entrance of the mob, sporting a blue hooded sweatshirt, a tactical vest and black leather-based fingerless tactical gloves, and pointing his finger whereas yelling on the officers.
Schaffer was photographed sporting an “Oath Keepers Lifetime Member” cap through the riot. The Oath Keepers describe themselves as an affiliation of former regulation enforcement and navy personnel devoted to “help and defend the Structure in opposition to all enemies, overseas and home.” However the Anti-Defamation League describes it as “a big however loosely organized assortment of right-wing anti-government extremists who’re a part of the militia motion, which believes that the federal authorities has been coopted by a shadowy conspiracy that’s making an attempt to strip Americans of their rights.”
Schaffer was held within the Marion County Jail for almost two months after surrendering to police on January 17. He made his first court docket look the next day.
Simply hours after the riot, ICED EARTH followers acknowledged Schaffer in a photograph launched by federal investigators.
Schaffer is believed to be one in all not less than 400 people who find themselves being investigated by FBI officers over their roles within the riot.
Greater than 250 prison circumstances have been filed to this point. Prices embrace unauthorized entry, theft, harm to authorities property and assault on regulation enforcement officers.