A federal grand jury in the District of Columbia has indicted a Gravette man on seven counts regarding the U.S. Capitol riot on Jan. 6.
Richard "Bigo" Barnett, 60, was charged under three statutes in a criminal complaint the day after the riot, and the charges were updated on Jan. 12 after FBI agents realized he was carrying a stun gun while in the Capitol.
The grand jury indictment, which was made public Tuesday, added an additional count under U.S. Code, Title 18: Obstruction of an Official Proceeding, 18 U.S.C. 1512(c)(2), and Aiding and Abetting, 18 U.S.C. 2.
Barnett obstructed a congressional proceeding by entering and remaining in the Capitol without authority and "engaging in disorderly and disruptive conduct," according to the indictment signed by acting U.S. Attorney Michael Sherwin in the District of Columbia.
The Jan. 6 riot escalated from a "Stop the Steal" rally in which supporters of former President Donald Trump entered the Capitol and attempted to stop Congress from certifying the Electoral College vote indicating Joe Biden had won the presidential election. Five people died during the riot while members of Congress cowered in their offices and bathrooms.
Later on Jan. 6, after the Capitol was cleared of those who had entered illegally, Congress proceeded with business and certified Biden's election.
If convicted, Barnett faces a maximum penalty of 20 years in prison under 18 U.S.C. 1512(c)(2).
He faces a maximum penalty of 10 years under 18 U.S.C. 1752(a)(1) and (b)(1)(A), Entering and Remaining in a Restricted Building or Grounds with a Deadly or Dangerous Weapon.
The maximum penalty under 18 U.S.C. 1752(a)(1) would have been only one year in prison had Barnett not been carrying a Zap Hike 'N Strike 950,000 Volt Stun Gun Walking Stick that he bought at the Bass Pro Shop in Rogers, based on court filings and federal statutes.
With the stun gun, Barnett entered the office of House Speaker Nancy Pelosi, propped his feet on a desk and posed for pictures, according to the charges against him.
He took an envelope, leaving in its place a quarter and a note saying, "Nancy, Bigo was here, you b," according to court documents.
A photo of Barnett with his feet on a desk in Pelosi's office was shown by media outlets around the world.
Barnett was "one of the stars of this assault," Chief Judge Beryl Howell said during a videoconference hearing Thursday in the District of Columbia federal court.
Howell said Barnett was "brazen, entitled, dangerous."
"The government has presented overwhelming evidence that this defendant, Richard Barnett, enthusiastically participated in this act of assaulting the Capitol and disrupting the democratic process," Howell said Thursday. "What happened on that day at the U.S. Capitol is criminal activity that is destined to go down in the history books of this country."
Barnett surrendered to FBI agents on Jan. 8, a day after his return to Arkansas. Based on court documents and hearings, investigators have yet to find the cellphone and stun gun Barnett had with him in the Capitol, but they did find the stun gun packaging when they searched his house.
They also haven't found Barnett's firearms, as Howell noted Thursday when she ordered Barnett to be held in custody until trial.
According to the federal court record in the District of Columbia, Barnett now faces these pending charges, with corresponding U.S. code numbers:
• 18 U.S.C. 1512(c)(2) and 18 U.S.C. 2; Obstruction of an Official Proceeding and Aiding and Abetting
• 18 U.S.C. 1752(a)(1) and (b)(1)(A); Entering and Remaining in a Restricted Building or Grounds with a Deadly or Dangerous Weapon
• 18 U.S.C. 1752(a)(2) and (b)(1)(A); Disorderly and Disruptive Conduct in a Restricted Building or Grounds with a Deadly or Dangerous Weapon
• 40 U.S.C. 5104(e)(2)(C); Entering and Remaining in Certain Rooms in a Capitol Building
• 40 U.S.C. 5104(e)(2)(D); Disorderly Conduct in a Capitol Building
• 40 U.S.C. 5104(e)(2)(G); Parading, Demonstrating, or Picketing in a Capitol Building
• 18 U.S.C. 641; Theft of Government Property (the envelope)
At a Jan. 12 news conference, Sherwin said people initially were charged so police could quickly arrest them, but as investigations continue, those complaints are often amended to include more charges.