Florida – Two men from Kentucky and Florida were convicted earlier this week of felony and misdemeanor charges related to their conduct during the January 6, 2021, breach of the U.S. Capitol. Their actions, along with those of others, disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.
Convictions and Charges
Joseph Irwin, 43, of Cecilia, Kentucky, and John Joseph Richter, 39, of Port Charlotte, Florida, were found guilty in U.S. District Court for the District of Columbia of multiple felony and misdemeanor offenses following a bench trial before U.S. District Court Judge Randolph D. Moss.
Irwin was convicted of three felonies, including obstruction of an official proceeding, entering and remaining in a restricted building or grounds with a deadly or dangerous weapon, and disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon. In addition to the felonies, Irwin was convicted of misdemeanor offenses of entering and remaining on the floor of Congress, disorderly conduct in a Capitol building, and parading, demonstrating, or picketing in a Capitol building.
Richter was convicted of the felony offense of obstruction of an official proceeding. He was also convicted of misdemeanor offenses of entering and remaining in a restricted building or grounds, entering and remaining on the floor of Congress, disorderly conduct in a Capitol building, and parading, demonstrating, or picketing in a Capitol building.
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Judge Moss will sentence the men on August 9, 2024.
Planned Disruption and Preparation
According to court documents, in the weeks and days leading to January 6, 2021, Irwin and Richter planned to travel to Washington, D.C., with the intent to obstruct the certification of the Electoral College vote. In one text message, Richter sent Irwin a photo discussing the Electoral College certification process on January 6 and former Vice President Mike Pence’s role in the certification.
The two men discussed their travel plans to Washington, D.C., and the potential for violence. In one message, Irwin asked Richter, “Are we go[ing] open militia or innocent/ready bystander?” Richter responded, “Well I think we are gonna be in a huge crowd mostly. So we will have to be opportunists most likely. Gnome sayin? I like the ready bystander wildcard approach myself.”
They also discussed bringing supplies to Washington, D.C., such as flagpoles, goggles, battery banks, and full-face gas masks. Richter circulated a photo of a metal-pointed flagpole he intended to bring to Washington, D.C., explaining that he would bring the all-black American flag because “All black flag means no quarter will be given. It’s time to do patriot s—.” Irwin mentioned bringing a heavy wooden pole inscribed with a black American flag.
Actions on January 6
On January 6, 2021, Irwin and Richter attended the “Stop the Steal” rally on the National Mall in Washington, D.C., and afterward marched to the U.S. Capitol building, carrying their poles. Richter carried a black American flag with a pointed metal tip, and Irwin carried a heavy wooden pole.
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Upon reaching the Capitol grounds, Irwin and Richter ascended to the Upper West Terrace and approached a group of police officers. Irwin wielded his wooden pole at the officers, repeatedly yelling “Go Home!!” and aggressively smashing his pole on the ground in a threatening manner, ultimately breaking it into two pieces.
Irwin and Richter then made their way to the Senate Wing Door. Richter disassembled his pole and handed one piece to Irwin. They watched as rioters broke into the Capitol through the Parliamentarian’s Door, and at approximately 2:43 p.m., just minutes after the door was breached, Richter and Irwin entered the Capitol building, banging their poles on the ground.
Inside the Capitol
The two men joined a mob of rioters that progressed through the Capitol and eventually made their way to the Senate Floor, where the former Vice President and members of Congress had evacuated under an emergency order. Irwin banged his flagpole on the ground and yelled, “THIS IS OURS RIGHT HERE! THIS IS OUR HOUSE! THIS IS WHAT THE COURT DO WHEN THE COURT TAKE IT! DON’T GIVE IT BACK TO THEM NOW!” The men sat at Senators’ desks and had their photograph taken by a fellow rioter while brandishing their poles.
The men left the Senate Chamber and the Capitol building only after Metropolitan Police Department Officers eventually directed them out. After their participation in the Capitol riot, the two continued to celebrate their success in halting the Congressional proceeding. Court documents say that Irwin framed the sharp wooden pole in a shadow box and referred to it as a “Relic.”
Arrest and Prosecution
The FBI arrested Joseph Irwin on August 17, 2021, in Cecilia, Kentucky, and John Richter on March 2, 2023, in Port Charlotte, Florida. The U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section prosecuted the case, with assistance from the U.S. Attorney’s Office for the Western District of Kentucky and the Middle District of Florida.
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The FBI’s Louisville, Tampa, and Washington Field Offices investigated the case, with valuable assistance from the United States Capitol Police and the Metropolitan Police Department.
Ongoing Investigation
In the 40 months since January 6, 2021, more than 1,424 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 500 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
