The new attorney for a Yellville man charged in connection with the U.S. Capitol riot said Thursday that he will decide soon whether his client should take a plea offer or go to trial.
Joseph William Allen of Branson filed a notice Sept. 14 in federal court in the Distinct of Columbia indicating he would be serving as attorney for Jon Thomas Mott, 39, of Yellville.
Mott was previously represented by Michelle M. Peterson, a public defender in Washington, D.C.
Mott faces four misdemeanor charges stemming from the Jan. 6, 2021, breach of the U.S. Capitol: Entering and remaining in a restricted building; disorderly and disruptive conduct in a restricted building; violent entry and disorderly conduct in a Capitol building; and parading, demonstrating or picketing in a Capitol building.
In a teleconference status hearing Thursday from federal court in the District of Columbia, Assistant U.S. Attorney Graciela Rodriguez Lindberg said a plea offer was extended to Mott last year.
"I don't mind leaving that offer open or at least getting another offer on the table," she said. "That one has technically expired, but we can work on that."
Lindberg said that since Allen is new on the case, he may need some time to pore over the extensive discovery related to the Capitol riot.
"Just for the record, as of September 16 of this year ... we have over 3.37 million files related to the Capitol riot discovery in the defense Relativity workspace," Lindberg told U.S. District Judge Royce C. Lamberth during Thursday's hearing.
She said the video footage alone would take 100 days to watch straight through without taking a break.
"I'm aware of the larger discovery available," Allen told the judge. "Of course I'm new to the case. However, I've been trying to focus on peeling back the layers of discovery as it is specific to Mr. Mott's case. So I believe that I am pretty well up to speed and I do have access to the discovery."
Allen said he has spoken extensively with Mott and has been in contact with attorneys for the federal government.
Allen said he needed a little more time, so Lamberth set the next status hearing for Nov. 17. If both sides come to an agreement regarding a plea, a court date can be set earlier, Lamberth said.
If the case goes to trial, Lindberg estimated it would take a week including jury selection.
Last Friday, Allen asked the judge to allow Mott to use his legally owned guns to go hunting.
"For the majority of his life, Defendant has participated in the Conservation efforts of wildlife management by engaging in the practice of subsistence hunting," Allen wrote in the motion. "This practice also contributes toward supplementing the monies spent by the Defendant toward groceries for an average annual estimate of $5,000.00 in savings."
Lamberth granted that request Monday, but Mott isn't allowed to keep firearms or ammunition at his home or workplace. One condition of Mott's pretrial release was that he not possess firearms.
The Jan. 6 riot escalated from a "Stop the Steal" rally when some supporters of then-President Donald Trump entered the U.S. Capitol and attempted to stop Congress from certifying the Electoral College vote indicating that Joe Biden had won the presidential election.
Richard "Bigo" Barnett, 62, of Gravette, and Peter Francis Stager, 43, of Conway face felony charges in connection with the Jan. 6 riot at the Capitol. Stager remains in the District of Columbia jail. He is the only Jan. 6 defendant from Arkansas still incarcerated.
Mott, Barnett and Stager have all pleaded innocent.
Robert Thomas Snow, 78, of Heber Springs pleaded guilty to a misdemeanor charge for "parading, demonstrating or picketing in the Capitol building." He was sentenced to probation and community service.