SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CRIMINAL DIVISION – FELONY BRANCH THE UNITED STATES OF AMERICA : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : v. AKERICH, CHRISTOPHER ALLEN, RICHARD ALSIP, OLIVIA ANDONI, RAMIZ ARMBRUSTER, NICOLE BACKUS, STEVEN BAJPAI, VISHAL BARNAK, JASHUA BASILLAS, MICHAEL BEALE, CASSANDRA BICKARD, EDWARD BOGIN, WILLIAM BREWER, PHILIP CABEZA, CARLOS CADMAN, SETH CAIN, KIMBERLY CANTU, AARON CARTER, MOLLY DALTO, ISSAC ESPAILLAT, MALLY FASSLER, ELLA FELICE, ANTHONY GLASER, PHILLIP GOLENBERG, SALINE GONZALEZ, MICHAEL GRANT, LAN GRAZIO, ALEXA HESSLER, MATTHEW HOOPES, JAMES HYNDMAN, PETER JONES, PATRICK KAAZ, SPENCER LAGESSE, ELIZABETH LITCHFIELD, CHRISTOPHER LOADENTHAL, MICHAEL LUPO, JOSEPH MABIROU, DUKE MARTINEZ, RUDY MATTHEWS, MARISA MCGOWAN-ARNOLD, LUKE 1 Criminal Nos. 2017CF2001160 2017CF2001155 2017CF2001206 2017CF2001338 2017CF2001224 2017CF2001225 2017CF2001215 2017CF2001165 2017CF2001334 2017CF2001189 2017CF2001335 2017CF2001243 2017CF2001213 2017CF2001322 2017CF2001172 2017CF2001300 2017CF2001304 2017CF2001380 2017CF2001349 2017CF2001296 2017CF2001198 2017CF2001163 2017CF2001368 2017CF2001383 2017CF2001245 2017CF2001307 2017CF2001169 2017CF2007212 2017CF2001238 2017CF2001252 2017CF2001333 2017CF2001212 2017CF2001356 2017CF2001235 2017CF2001246 2017CF2001320 2017CF2001201 2017CF2001161 2017CF2001237 2017CF2001241 2017CF2001176 2017CF2001149 2017CF2007216 2017CF2001311 MELTZER, DANIEL MIELKE, GABRIEL PETROHILOS, DYLAN PHIPPS, EMELINE PIANTINI, CARLO POWELL, CAMERON RETHERFORD, CLAY RICHARDSON, COLTON RONCALES, ROSA SETZER, RANDALL STEFFON, JOAN STRASBURGER, BRETON UNGER, CAROLINE VALENCIA, CHRISTIAN VASQUEZ, ARTURO WEBBER, CASEY WEBERMANN, MICHAEL WEILEIN, OLIVER WRIGHT, KYLE : : : : : : : : : : : : : : : : : : : : 2017CF2001174 2017CF2001234 2017CF2001378 2017CF2001247 2017CF2001295 2017CF2001227 2017CF2001326 2017CF2001257 2017CF2001355 2017CF2001203 2017CF2001369 2017CF2001156 2017CF2001242 2017CF2001344 2017CF2007213 Chief Judge Robert Morin GOVERNMENT’S NOTICE OF INTENT TO PROCEED The United States, by and through its attorney, the United States Attorney for the District of Columbia, respectfully submits this notice of its intent to proceed with all of the pending charges set forth in the superseding indictment (to include felony charges) for the above-captioned fiftynine (59) defendants. On January 20, 2017, several hundred people met in and around Logan Circle in Washington, D.C., to participate in an anti-capitalist march without a parade permit. This unpermitted anti-capitalist march was advertised and planned, with instructions for participants to wear black clothing In addition, the term “black bloc” was used by organizers in planning meetings. The planned use of a black bloc is significant in this case. The term “black bloc” refers to a tactic, not a particular group or organization, and is frequently used when participants within the larger black-bloc group intend to commit violence or destruction of property 2 On January 20, 2017, several hundred people participated in a black bloc as part of the unpermitted anti-capitalist march that started in Logan Circle and moved through downtown DC. At or about 10:19 AM on January 20, 2017, a black bloc moved south from Logan Circle on 13th Street NW. Within minutes of leaving Logan Circle, individuals participating in the black bloc began to destroy or damage public and private property. The black bloc continued moving through the streets of the District of Columbia for approximately sixteen (16) blocks for more than thirty (30) minutes, while participants in the black bloc continued to destroy or damage property as the group moved. It was a riot. At approximately 10:52 AM on January 20, 2017, after law enforcement formed a police line in the area of 12th and L Streets NW, approximately 200 members of the black bloc charged the police line that was attempting to contain the black bloc in the area of 12th and L Streets NW, Washington, D.C. Although some black bloc participants were able to break through the police line, law enforcement was ultimately able to contain what remained of the black bloc. On or about April 27, 2017, a grand jury returned a superseding indictment charging 215 defendants with various offenses in connection with the riot on January 20, 2017. All 215 individuals are charged with Counts 1-8 of the indictment – that is, Urging or Inciting a Riot (felony), Engaging in a Riot, Conspiracy to Engage in a Riot, and five counts of Destruction of Property (felony). In total, twenty (20) defendants have entered guilty pleas. Currently, there are 188 defendants charged in the superseding indictment with criminal cases pending. In light of the legal rulings by the court and the jury’s verdicts in the first trial of these cases, the government has decided to proceed with all of the pending charges set forth in the superseding indictment (to include felony charges) for the above-captioned fifty-nine (59) defendants. The government is focusing its efforts on prosecuting those defendants who: (1) 3 engaged in identifiable acts of destruction, violence, or other assaultive conduct; (2) participated in the planning of the violence and destruction; and/or (3) engaged in conduct that demonstrates a knowing and intentional use of the black-bloc tactic on January 20, 2017, to perpetrate, aid or abet violence and destruction. A list of these fifty-nine (59) defendants, along with their criminal case number, and current trial date, is contained in a chart attached as Exhibit A. The government will file individual motions to dismiss, without prejudice, the indictment against the remaining129 defendants whose cases remain pending. In so doing, the court, the government, and the fifty-nine (59) defendants can proceed more expeditiously with their trials. The government further requests that the court consolidate certain trial dates given this significant development. The government submits that all parties (to include the defendants and their defense counsel) would benefit from the consolidation of trial dates. Respectfully submitted, JESSIE K. LIU UNITED STATES ATTORNEY /s/ Jennifer A. Kerkhoff Jennifer A. Kerkhoff Rizwan Qureshi ASSISTANT UNITED STATES ATTORNEYS CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing was served using the CaseFileXpress system upon the listed attorneys for the above-captioned defendants in this case on this 18th day of January 2018. /s/ Jennifer A. Kerkhoff JENNIFER A. KERKHOFF ASSISTANT UNITED STATES ATTORNEY 4 EXHIBIT A Defendant Name Akerich, Christopher Allen, Richard Alsip, Olivia Andoni, Ramiz Armbruster, Nicole Backus, Steven Bajpai, Vishal Barnak, Jashua Basillas, Michael Beale, Cassandra Bickard, Edward Bogin, William Brewer, Philip Cabeza, Carlos Cadman, Seth Cain, Kimberly Cantu, Aaron Carter, Molly Dalto, Issac Espaillat, Mally Fassler, Ella Felice, Anthony Glaser, Phillip Golenberg, Saline Gonzalez, Michael Grant, Lan Grazio, Alexa Hessler, Matthew Hoopes, James Hyndman, Peter Jones, Patrick Kaaz, Spencer Lagesse, Elizabeth Litchfield, Christopher Loadenthal, Michael Lupo, Joseph Case Number 2017CF2001160 2017CF2001155 2017CF2001206 2017CF2001338 2017CF2001224 2017CF2001225 2017CF2001215 2017CF2001165 2017CF2001334 2017CF2001189 2017CF2001335 2017CF2001243 2017CF2001213 2017CF2001322 2017CF2001172 2017CF2001300 2017CF2001304 2017CF2001380 2017CF2001349 2017CF2001296 2017CF2001198 2017CF2001163 2017CF2001368 2017CF2001383 2017CF2001245 2017CF2001307 2017CF2001169 2017CF2007212 2017CF2001238 2017CF2001252 2017CF2001333 2017CF2001212 2017CF2001356 2017CF2001235 2017CF2001246 2017CF2001320 5 Current Trial Date 10/15/18 10/15/18 3/5/18 7/23/18 4/23/18 6/25/18 8/6/18 3/5/18 5/14/18 5/29/18 5/14/18 7/16/18 9/10/18 7/23/18 4/30/18 3/26/18 10/15/18 5/29/18 5/7/18 3/26/18 9/17/18 3/26/18 5/29/18 6/11/18 10/1/18 5/14/18 6/4/18 4/17/18 3/26/18 8/20/18 7/23/18 3/5/18 7/9/18 4/17/18 10/29/18 9/17/18 Mabirou, Duke Martinez, Rudy Matthews, Marisa Mcgowan-Arnold, Luke Meltzer, Daniel Mielke, Gabriel Petrohilos, Dylan Phipps, Emeline Piantini, Carlo Powell, Cameron Retherford, Clay Richardson, Colton Roncales, Rosa Setzer, Randall Steffon, Joan Strasburger, Breton Unger, Caroline Valencia, Christian Vasquez, Arturo Webber, Casey Webermann, Michael Weilein, Oliver Wright, Kyle 2017CF2001201 2017CF2001161 2017CF2001237 2017CF2001241 2017CF2001176 2017CF2001149 2017CF2007216 2017CF2001311 2017CF2001174 2017CF2001234 2017CF2001378 2017CF2001247 2017CF2001295 2017CF2001227 2017CF2001326 2017CF2001257 2017CF2001355 2017CF2001203 2017CF2001369 2017CF2001156 2017CF2001242 2017CF2001344 2017CF2007213 6 8/6/18 7/16/18 8/6/18 6/18/18 3/5/18 3/5/18 4/17/18 7/9/18 3/5/18 8/20/18 4/17/18 3/26/18 8/6/18 8/20/18 3/26/18 6/4/18 4/17/18 4/23/18 5/29/18 5/7/18 9/10/18 4/23/18 6/4/18