Idaho man accused in U.S. Capitol riot appears in court in Boise, faces 2 misdemeanors
An Idaho man seen jumping onto the floor of the U.S. Senate during a riot in Washington, D.C. , last week made his initial federal court appearance Wednesday in Boise, a day after turning himself in to FBI officials at the Ada County Sheriff’s Office.
Josiah Colt, 34, was in custody Tuesday afternoon on a federal hold, according to Patrick Orr, spokesperson for the Ada County Sheriff’s Office. On Wednesday, an FBI spokesperson told the Statesman that Colt turned himself in to the FBI’s Joint Terrorism Task Force.
Colt appeared via video call for his initial hearing in federal court Wednesday, along with Boise attorney Chuck Peterson, who was assigned to be his counsel by Judge Ronald Bush. Peterson is a well-known Idaho defense attorney, working on cases such as that of Randy Weaver in connection with the infamous Ruby Ridge standoff, as well as Sami Al-Hussayen, a University of Idaho graduate who was charged and later acquitted of supporting terrorism in 2004.
Charging documents show that Colt is facing two federal misdemeanors: one count of knowingly entering a restricted building without lawful authority, and one count of violent entry and disorderly conduct on Capitol grounds. If convicted, Colt could face up to a year in prison on the first charge and up to six months on the second.
He did not enter a plea Wednesday.
Assistant U.S. Attorney Heather Patricco stated that the government does not intend to hold Colt in jail prior to his trial, but he must meet a number of conditions to be released and stay out of custody. The release order signed by Judge Bush and Colt on Wednesday stipulates those conditions, including not drinking alcohol, surrendering his passport and not possessing any firearms or weapons.
Colt also must stay away from both the Idaho Statehouse and the James A. McClure Federal Building in Boise, as future hearings will be conducted virtually. Colt’s next remote court appearance is slated for Jan. 19, as he will appear in the federal court for the District of Columbia.
Though he was not named by federal officials last week after the storming of the Capitol, Colt was officially named Wednesday as one of the people charged by the U.S. Attorney’s Office for the District of Columbia.
A photo of Colt, a Treasure Valley resident and graduate of Mountain View High School, lowering himself to the Senate floor was first included in the Metropolitan Police Department’s list of individuals labeled “persons of interest” in connection with the illegal activity at the Capitol.
Hundreds of people breached security at the U.S. Capitol last Wednesday after a speech from President Donald Trump on the day that Congress was certifying the election victory of Joe Biden.
According to Huffington Post, acting U.S. Attorney for the District of Columbia Michael Sherwin said in a press briefing Tuesday that there were more than 170 files opened in connection with the assault on the Capitol, and that number could increase. Dozens of pro-Trump rioters have been arrested and charged in the past few days.
Colt’s actions, apology and the investigation
A federal court filing unearthed Tuesday shows the manner in which officials sought information on Colt. The filing was shared with the Statesman by Seamus Hughes, deputy director for the Program on Extremism at George Washington University, and it details what information an FBI special agent gathered.
Federal officials note that the vote to certify the Electoral College count was suspended at around 2:20 p.m. on Jan. 6 because of the large crowd advancing on the Capitol. The filing indicates that Colt jumped to the floor of the Senate sometime between 2:20 p.m. and 4 p.m.
Colt posted a video to Facebook, which later spread to other platforms such as YouTube, in which he erroneously claimed that he was the first to sit in House Speaker Nancy Pelosi’s chair, and he called her treasonous and a traitor. Colt actually was in the Senate chamber and was photographed in the seat reserved for the vice president.
“I just got in the Capitol building,” he says in the video. “I hopped down into the chamber.”
Federal officials not only took note of Colt’s posting of videos, but also said in the filing that he admitted his involvement in the riot and issued a statement to KBOI Channel 2 in Boise apologizing for his actions and calling the Senate Chamber “sacred ground.”
“[I] sincerely apologize to the American people,” Colt said in the statement. “I recognize my actions that have brought shame upon myself, my family, my friends, and my beautiful country. In the moment I thought I was doing the right thing. I realize now that my actions were in appropriate and I beg for forgiveness from America and my home state of Idaho.”
The filing, dated Jan. 9 and filed on Jan. 12, says that the FBI’s Washington Field Office conducted a telephone interview with one of Colt’s relatives, who confirmed to federal officials that Colt was indeed the person photographed going down to the Senate floor. Federal officials said there was probable cause to believe that Colt entered the Capitol grounds unlawfully.
Several photos of Colt in the Senate Chamber are also attached to the court filing, and the FBI also noted Colt’s confusion about where he actually was.
“In a video posted to Facebook and circulated widely ... the defendant claims he was the first person to sit in the House Speaker’s chair and calls House Speaker Nancy Pelosi a traitor. The defendant appears to be mistaken as he was also photographed in the seat reserved for the vice president,” the court filing indicates.
This story was originally published January 13, 2021 at 2:17 PM.
