Judge issues first outright acquittal of Jan 6 riot defendant who claimed police waved him in
New Mexico engineer Matthew Martin told a court that law enforcement let Trump supporters in
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.A judge has issued the first acquittal of a defendant in the January 6 riot after a federal defence contractor claimed that police had waved him into the US Capitol.
New Mexico engineer Matthew Martin was found not guilty of four misdemeanor charges following a two-day bench trial before US District Court Judge Trevor McFadden, having rejected a jury trial.
The acquittal could now change the way hundreds more defendants choose to defend the charges brought against them by the Department of Justice following the pro-Trump riot.
The judge, who was appointed by Donald Trump, told the court that based on video the defendant’s claim was “plausible” and prosecutors had failed to prove their case.
“People were streaming by and the officers made no attempt to stop the people,” said the judge.
Prosecutors argued that loud alarms and broken windows should have warned Mr Martin that he did not have permission to enter the building, where lawmakers were certifying Joe Biden’s election win over Mr Trump.
But the judge rejected that and said that the size of the crowds and actions of the police undermined that argument.
Mr Martin, who is from Santa Fe, New Mexico, and has a top-secret security clearance, was arrested in April 2021 and and faced charges of entering and remaining in a restricted building; disorderly and disruptive conduct in a restricted building; violent entry and disorderly conduct in a Capitol building; and parading, demonstrating, or picketing in a Capitol building.
The judge said that Mr Martin’s behaviour was “as minimal and not serious” as he has seen in any January 6 cases and that he found the defendant “largely credible.”
But he did add that Mr Martin had “shaded his testimony on some points, minimising his actions.”
Mr Martin told the court that he has seen “no violence” despite filming a rioter fighting with police inside the rotunda, and said that he would stay away from the Capitol if he had the chance to repeat January 6.
“I enjoyed everything else. I enjoyed the rally,” Mr Martin said.
And he added: “It’s hard for me to say I regret coming to Washington, DC.”
More than 775 people have been arrested by the FBI in connection with the attack, with more than 2,500 people thought to have entered the Capitol.
Subscribe to Independent Premium to bookmark this article
Want to bookmark your favourite articles and stories to read or reference later? Start your Independent Premium subscription today.
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments