WASHINGTON — Three witnesses had testified in the Capitol riot trial of Richard “Bigo” Barnett as of the end of the day Wednesday.
They were Emily Berret, who was director of operations for House Speaker Nancy Pelosi; Capt. Carneysha Mendoza of the U.S. Capitol Police; and Gerald Stutte of Fayetteville, who is the asset protection lead at the Bass Pro Shop in Rogers.
Barnett, 62, of Gravette, faces eight charges in connection with the riot on Jan. 6, 2021. His trial began Monday in federal court in the District of Columbia.
Barnett gained worldwide attention after posing for photos with his foot on top of Berret’s desk in Pelosi’s Capitol office suite.
He faces enhanced charges for entering the Capitol with a dangerous or deadly weapon — a ZAP Hike ’n Strike Hiking Staff that Barnett purchased at a Bass Pro Shop in Rogers a week before the riot. Prosecutors say the stun gun was advertised as being capable of delivering a 950,000-volt shock.
Stutte testified that the FBI had provided him with a credit card number wanting to know about purchases associated with that number. The number was traced to Barnett, who purchased a stun gun, pepper spray, six two-way radios and a multi-tool on Dec. 31, 2020, according to a transaction document Stutte gave the FBI.
He described the Hike ‘n Strike as a walking stick with a stun gun on the end.
Stutte testified that he also provided the FBI with video of Barnett in the store on the morning of Dec. 31, 2020.
In the video, Barnett can be seen walking through the store with his German Shepherd puppy, Ruger, on a leash. He goes first to the gun section, then to an area where the Hike ‘n Strike and pepper spray were on display.
At one point, a boy stops to pet the dog. As Barnett is checking out and paying for the items, two Bass Pro employees come from behind the counter to pet Ruger.
Based on court filings and testimony in previous hearings, investigators found the packaging for the stun gun at Barnett’s residence, but the weapon hasn’t been recovered. It is visible, however, in photos and video of Barnett on the Capitol grounds on Jan. 6, 2021, according to prosecutors.
Before Stutte testified, Mendoza testified that carrying a stun gun into the Capitol complex is illegal under Capitol Police Directive 1041.002. “Stun guns are prohibited from all buildings in the Capitol complex,” the directive reads.
Mendoza testified at length on Wednesday about the Capitol riot.
Barnett’s legal team had sought to preclude her testimony, saying she didn’t personally encounter Barnett on Jan. 6, 2021. In court on Wednesday, Bradley Geyer, one of Barnett’s attorneys, said Mendoza had suffered chemical burns on her face during the riot, and it could be “highly prejudicial” if she was allowed to testify.
But U.S. District Judge Christopher R. Cooper denied the defense motion and Mendoza took the stand.
Mendoza testified that the pain from the chemical burns went away after two months. Mendoza said she doesn’t know what she was sprayed with, “possibly homemade chemicals.” Assistant U.S. Attorney Alison Prout asked Mendoza why stun guns are banned from the Capitol complex buildings.
“Because it’s a weapon,” said Mendoza. “It’s considered contraband.” Mendoza testified that the Capitol wasn’t open on Jan. 6, 2021, to the public because a joint session of Congress was meeting there that day to count the electoral votes for Joe Biden’s presidential win over Donald Trump.
Trump has maintained that the 2020 election was rigged.
Most of the crowd that stormed the Capitol walked over from The Ellipse, a park south of the White House, after a “Stop the Steal” rally.
Mendoza said Capitol Police were “overrun” by rioters.
During cross examination, Geyer repeatedly asked Mendoza about “provocateurs” or “inauthentic protesters” who may have been in the crowd to cause trouble.
“Many people are there for many different reasons,” said Geyer.
“I do not know” why individuals were there, replied Mendoza.
Prout asked if the crowd in the Capitol had gone through the metal detectors.
“No,” said Mendoza. “If we have one single person breach the building, it’s huge.” Showing video of a crowd outside the Capitol on Jan. 6, 2021, where some people are taking down bike-rack barriers and others appear oblivious to it, Geyer said, “So you think everybody in this spot of people have perfect communications and they’re all engaged in crimes?” “I did not say that,” replied Mendoza. “If you breached the grounds, you engaged in a crime.” Berret was the first witness. Her testimony began Tuesday and continued Wednesday morning.
She testified Wednesday that, after the riot, she found a quarter on her desk and a note that read, “Hey Nancy, Bigo was here, you biotch.” Berret said she threw the quarter in the trash “because it was covered with blood.” One of the charges against Barnett is theft of government property, for taking an envelope from Pelosi’s desk. The envelope was addressed to a congressman from Missouri. The return address was “Speaker of House.” In videos presented in court on Wednesday, Barnett told an interviewer that he took the envelope because he cut his hand and got blood on it. Barnett said he left a quarter behind to pay for the envelope.
During cross examination on Wednesday, Joseph D. Mc-Bride, one of Barnett’s attorneys, asked Berret if 25 cents wasn’t fair compensation for an envelope.
“I am not an expert in printing, so I don’t know,” she replied. “This was not a regular envelope.” Assistant U.S. Attorney Michael Gordon asked Berret if she would feel justly compensated if someone broke into her home, stole her television and other things, and left more than enough money to pay for those items.
“No, because they broke into my personal space,” she said.
Barnett faces the following charges: 18:231(a)(3); Civil Disorder 18:1512(c)(2) and 2; Obstruction of an Official Proceeding and Aiding and Abetting 18:1752(a)(1) and (b)(1) (A); Entering and Remaining in a Restricted Building or Grounds with a Deadly or Dangerous Weapon 18:1752(a)(2) and (b)(1) (A); Disorderly and Disruptive Conduct in a Restricted Building or Grounds with a Deadly or Dangerous Weapon 40:5104(e)(2)(C); Entering and Remaining in Certain Rooms in the Capitol Building 40:5104(e)(2)(D); Disorderly Conduct in a Capitol Building 40:5104(e)(2)(G); Parading, Demonstrating, or Picketing in a Capitol Building 18:641; Theft of Government Property