A Fleetwood man charged with assaulting three police officers and a member of the news media during the Jan. 6 riot at the U.S. Capitol wants to have his fate decided by a jury.
During a hearing Monday morning, an attorney for Alan Byerly told a federal judge that his client wished for his case to go to trial. Federal prosecutors had offered a plea bargain to the 54-year-old, but Byerly has declined the deal.
Byerly entered a not guilty plea in September to assaulting a federal officer, obstructing law enforcement during civil disorder, entering a restricted building and displaying disorderly conduct in a restricted building.
He has been in federal custody since July.
James McHugh, an assistant federal public defender who has been appointed to represent Byerly, told U.S. District Judge Randolph Moss that he met with his client to review the plea offer.
“We are not in acceptance of that proposal,” he said.
The details of the proposal were not made public.
The next step in the process is a hearing to discuss pretrial motions, which the judge set for Feb. 10.
The defense has until Jan. 14 to file motions that can include requests like attempting to keep certain statements or evidence from being introduced at trial, changing the location of a trial or trying to have the case dismissed before the trial. The government has until Jan. 28 to file responses to any of those motions.
Assistant U.S. Attorney Anita Eve told the judge that she is in the process of sharing all the evidence against Byerly with the defense. She said it should take about five days to complete the trial, and the defense agreed.
“There’s going to be video and live testimony,” she said. “Just given the nature of the case, I’m going to ask for a week. And that includes the entirety of the case.”
The judge set a tentative trial date of April 11.
According to the charging documents:
Byerly was among a crowd of rioters who gathered near a line of bicycle racks set up by police to keep the crowd at bay.
Video shows Byerly just behind the bike racks holding what appears to be a Taser, which he raises in the air with his right hand and activates. Byerly then charges at police, some of whom can be heard yelling “Taser! Taser! Taser!” to warn their fellow officers.
Within seconds, the officers were able to knock the Taser out of Byerly’s hands. But he kept charging, striking and pushing officers. At one point he tried to take a baton from an officer, knocking that officer to the ground in the process.
Officers were eventually able to restrain Byerly. However, he was able to escape the scene with the help of a fellow rioter.
The attack on police officers was the second assault in which Byerly was involved on Jan. 6.
Earlier that afternoon, Byerly was caught on footage posted by media outlets. It showed him joining the assault of an Associated Press photographer who was pulled down a flight of stairs, pushed to the ground and dragged toward a mob of protesters.
Source: Berkshire mont
Be First to Comment