CHRISTOPHER WARNAGIRIS and AUDREY ANN SOUTHARD heard about your indictments
I am genuinely still vexed why the Government failed to ask for Detention because had Warnagiris or Southard been black or brown —I think it’s safe to say they would be detained pending trial
You might find last month’s article a decent primer, found here
On June 2, 2021 a Grand Jury returned a nine count indictment as to Defendant Major Warnagiris -ECF- https://ecf.dcd.uscourts.gov/doc1/04508563064
Defendant Warnagiris Indictment
the indictment is pretty straightforward—especially if you had previous read the Criminal Complaint and accompanying affidavit as to Defendant Warnagiris
Side note - I’m kind of surprised that “a deadly weapon” enhancement wasn’t added but then again I suppose I might be completely off the mark. Notwithstanding the Grand Jury did return a nine count indictment, so let’s quickly go through the indictment
Count One
18 U.S.C. § 231(a)(3), which makes it a crime to commit or attempt to commit any act to obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in the lawful performance of his official duties incident to…
..and during the commission of a civil disorder which in any way or degree obstructs, delays, or adversely affects commerce or the movement of any article or commodity in commerce or the conduct or performance of any federally protected function. Specifically Warnagiris obstructive acts impacting US Capitol Police Officer A.W. —the video below I zoomed in and slowed the speed down by 1.5x
Count Two:
18 U.S.C. § 1512(c), which makes it a crime to corruptly obstruct, influence, and impede an official proceeding, including a proceeding before Congress, by entering and remaining in the U.S. Capitol without authority and engaging in disorderly and disruptive conduct.
Count Three;
18 U.S.C. § 111(a), which makes it a crime to forcibly assault or interfere with any person designated in section 1114 of this title 18 while engaged in or on account of the performance of official duties. Persons designated within section 1114 include any person assisting an officer or employee of the United States in the performance of their official duties.
- again specific Defendant Warnagiris physical assault on USCP A.W. in which the Defendant pushed Officer A.W. with enough force that “caused injury” —the video that captured the actual assault happens in a matter of <3 seconds and that’s why I zoomed in and slowed the speed down in the video above.
Count Four:
18 U.S.C. § l752(a) and (b), which make it a crime to (2) knowingly, and with intent to impede or disrupt the orderly conduct of Government business or official functions, engage in disorderly or disruptive conduct in, or within such proximity to, any restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the orderly conduct of Government business or official functions; or (4) knowingly engage in any act of physical violence against any person or property in any restricted building or grounds; or attempts or conspires to do so
Counts five thru nine …
largely reiterative of his original criminal complaint —although I am kind of curious why the “dangerous weapon” enhancement wasn’t added. One plausible explanation is there wasn’t any photographic/CCTV footage showing him using a flagpole, knife or pepper spray.
you can pull down the indictment from my public drive
Defendant Southard Indictment
see April 2, 2021 article - found here
see June 2, 2021 article - found here
On June 4, 2021 a Grand Jury in the District of Columbia returned a nine count indictment via ECF https://ecf.dcd.uscourts.gov/doc1/04518567527
And nope the irony is not lost on me that Audrey a hateful and violent QANON-MAGA-Trump supporter who rails against socialism —we the tax payers are paying for her Federal Public Defender. If the new bench mark is;
drive from FL with two friends to DC
verbally abuse law enforcement
physically assault Federal Law Enforcement
…because Audrey is broke AF and can’t afford to hire an attorney. Nor is it loss on me that if Audrey was black or brown I have zero doubt the Government would have quickly moved to detain her pending trial. FFS she repeatedly assaulted a US Capitol Police Sgt and because of her actions and the collective actions of QANON-MAGA they assaulted our Democracy. It required hundreds of National Guardmen/women, Metro PD, US Capitol Police and FBI agents to fully sweep the Capitol and delayed the certification until Jan 7, 2021 at 3AM. If assaulting law enforcement and attacking our Democracy isn’t a level of offense that requires “detention pending trial” —then please tell what the ____ is
And just to rub more salt in the wound Defendant Southard published this video on her YouTube Channel on April 30, 2021
And on May 1, 2021 Defendant Southard published this video
So I see her self aggrandizing karaoke videos and raise her this video which was originally created/posted on April 1, 2021. I have genuinely had it with “we need to move on” <—no we don’t move on until each and every person who assaulted law enforcement, assaulted our Democracy and ransacked our Capitol is in prison (assuming a jury of their peers finds them guilty) and are ordered to pay the nearly $1.5Million in damages to our Capitol Building. Nothing short of those reasonable preconditions otherwise I refuse to move on. I refuse to downplay the severity of Jan 6, 2021. I refuse to let the Congressional Republicans off the hook. You dumb dumbs are that scared of Trump that you refused to vote in favor of a Jan 6th Commission
But you’re not a danger to the community so the magistrate judge will release you with minimal restrictions as long as you pinky promise to not cavort with other insurrectionist —maybe it’s long past overdue to have a meaningful and substantive discussion on how our criminal justice system disproportionately locked up brown and black Americans.
Based on preliminary search of the public data of the 470+ defendants of the deadly insurrection being “released” with conditions —kind of proves my point that our federal criminal justice system is a form of actual institutional racism. Seriously don’t even get me started about the State and Local Criminal Justice system - what kind of message do you think it sends to black and brown Americans to see statutes of confederate traitors & defenders of slavery on Courthouse Grounds? It sends a message “sure segregation is over” but in this Courthouse you are never going to be equal to white defendants. There I said it and the world didn’t end. Why? Because it’s the goddamn truth that’s why.
All I know is if either Warnagiris or Southard been black or brown there’s a significant likelihood that the Government would have requested detention. Frankly the fact so many of these insurrectionist are being represented by Federal Public Defenders and not detained…it makes it almost impossible to not judge the USAO harshly because exactly what kind of message do you think this sends to QANON-MAGA. oh you beat the shit out of law enforcement — it’s cool you can live your best life and not worry about the consequences of your violent actions.
Here I saved you a couple of bucks and uploaded each indictment to my public drive
A any rate Mondays are super busy so I won’t be online until later in the afternoon so try not to burn the place down.
-Filey
One of the other insurrectionists was even allowed to go on her prepaid vaca to Mexico, totally unacceptable. That Warnagiris and Southard aren't being detained pre-trial is appalling. Agreed: two systems of justice in our country. Let's see, if convicted, how much prison time they actually have to serve. Like with a spoiled child who receives little to no consequences, other potential insurrectionists will be emboldened if prison outcomes for Jan 6 indictees are light or involve just parole. Thank you Filey for not " moving on " ! Love your research and writings. ⚘
I’m going to ask Andy what he thinks about these defendants not being detained pre-trial. Great reporting, Filey.