CLOSED

U.S. District Court

Southern District of Florida (Miami)

CRIMINAL DOCKET FOR CASE #: 1:22−mj−04089−LMR−1

Case title: USA v. Easterday Date Filed: 12/09/2022

Date Terminated: 12/13/2022

Assigned to: Magistrate Judge Lisette M.

Reid

Defendant (1)

Isreal James Easterday

07750−506

YOB 2001 ENGLISH

TERMINATED: 12/13/2022

represented by Frank Schwartz

Frank Schwartz, P.A.

100 N. Biscayne Blvd.

Suite 1300

Miami

Miami, FL 33132

305−379−5661

Fax: 379−5687

Email: frank@fschwartzlaw.net

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Designation: Temporary

Michael Perry Mirer

Law Office of Michael Mirer, P.A.

100 North Biscayne Boulevard

Suite 1300

Miami, FL 33132

305−536−6177

Fax: 536−6179

Email: michael@mirerlaw.com

TERMINATED: 12/13/2022

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Designation: Temporary

Pending Counts Disposition

None

Highest Offense Level (Opening)

None

Terminated Counts Disposition

1

Case 1:22-mj-04089-LMR Document 9 Entered on FLSD Docket 12/16/2022 Page 1 of 23
None

Highest Offense Level (Terminated)

None

Complaints Disposition

WARRANT/COMPLAINT/DC/CIVIL

DISORDER, ASSAULTING,

RESISTING OR IMPEDING CERTAIN

OFFICERS USING A DANGEROUS

WEAPON OR INFLICTING BODILY

INJURY

Plaintiff

USA represented by Noticing AUSA CR TP/SR

Email: Usafls.transferprob@usdoj.gov

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Designation: Retained

Date Filed # Page Docket Text

12/09/2022 1 Magistrate Judge Removal of Complaint from District of Columbia Case number

in the other District 1:22−mj−00264 as to Isreal James Easterday (1). (dgj)

(Entered: 12/12/2022)

12/09/2022 2 Minute Order for proceedings held before Magistrate Judge Lisette M. Reid:

Initial Appearance in Rule 5(c)(3)/Rule 40 Proceedings as to Isreal James

Easterday held on 12/9/2022. Date of Arrest or Surrender: 12/8/22. TEMP PTD (

Detention Hearing set for 12/13/2022 10:00 AM in Miami Division before MIA

Duty Magistrate Judge., Removal Hearing set for 12/13/2022 10:00 AM in Miami

Division before MIA Duty Magistrate Judge., Report Re: Counsel Hearing set for

12/13/2022 10:00 AM in Miami Division before MIA Duty Magistrate Judge.).

Attorney added: Michael Perry Mirer, Frank Schwartz for Isreal James Easterday

(Digital 14:02:50/14:14:08)

It is ORDERED AND ADJUDGED that pursuant to the Due Process Protections

Act, the Court confirms the United States obligation to disclose to the defendant

all exculpatory evidence− that is, evidence that favors the defendant or casts

doubt on the United States case, as required by Brady v. Maryland, 373 U.S. 83

(1963) and its progeny, and ORDERS the United States to do so. The government

has a duty to disclose any evidence that goes to negating the defendants guilt, the

credibility of a witness, or that would reduce a potential sentence. The defendant

is entitled to this information without a request. Failure to disclose exculpatory

evidence in a timely manner may result in consequences, including, but not

limited to, exclusion of evidence, adverse jury instructions, dismissal of charges,

contempt proceedings, disciplinary action, or sanctions by the Court. Signed by

Magistrate Judge Lisette M. Reid on 12/9/2022. (dgj) (Entered: 12/12/2022)

2

Case 1:22-mj-04089-LMR Document 9 Entered on FLSD Docket 12/16/2022 Page 2 of 23
12/09/2022 3 NOTICE OF TEMPORARY ATTORNEY APPEARANCE: Michael Perry Mirer

appearing for Isreal James Easterday (dgj) (Entered: 12/12/2022)

12/09/2022 4 NOTICE OF TEMPORARY ATTORNEY APPEARANCE: Frank Schwartz

appearing for Isreal James Easterday (dgj) (Entered: 12/12/2022)

12/13/2022 6 WAIVER of Rule 5(c)(3)/Rule 40 Hearing by Isreal James Easterday (jbs)

(Entered: 12/16/2022)

12/13/2022 7 COMMITMENT TO ANOTHER DISTRICT as to Isreal James Easterday.

Defendant committed to District of Columbia. Closing Case for Defendant.

Signed by Magistrate Judge Alicia M. Otazo−Reyes on 12/13/2022. See attached

document for full details. (jbs) (Entered: 12/16/2022)

12/13/2022 8 Minute Order for proceedings held before Magistrate Judge Alicia M.

Otazo−Reyes: Detention Hearing as to Isreal James Easterday held on

12/13/2022. Witness S/A FBI Andrew Martin and Mark Detweiler sworn and

testified. Bond recommendation/set: Isreal James Easterday (1) PTD. Report Re:

Counsel Hearing and Status Conference Re: Removal as to Isreal James

Easterday held on 12/13/2022. Defendant waived removal and ordered removed

to the District of Columbia. Attorney Michael Perry Mirer terminated in case as

to Isreal James Easterday. (Digital 10:11:47) Signed by Magistrate Judge Alicia

M. Otazo−Reyes on 12/13/2022. (jbs) (Entered: 12/16/2022)

12/15/2022 5 ORDER OF DETENTION as to Isreal James Easterday. Signed by Magistrate

Judge Alicia M. Otazo−Reyes on 12/15/2022. See attached document for full

details. (aa00) (Entered: 12/15/2022)

3

Case 1:22-mj-04089-LMR Document 9 Entered on FLSD Docket 12/16/2022 Page 3 of 23
AO 442 (Rev. 11/11) Arrest Warrant

UNITED STATES DISTRICT COURT

 for the

District of&ROXPELD

United States of America

)

)

)

)

)

)

v.

Case No.

Defendant

ARREST WARRANT

To: Any authorized law enforcement officer

YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unnecessary delay

(name of person to be arrested) ,

who is accused of an offense or violation based on the following document filed with the court:

u Indictment u Superseding Indictment u Information u Superseding Information u Complaint

u Probation Violation Petition u Supervised Release Violation Petition uViolation Notice u Order of the Court

Date:

City and state:

Printed name and title

Return

This warrant was received on (date) , and the person was arrested on (date)

at (city and state) .

Date:

Arresting officer’s signature

Printed name and title

;

:DVKLQJWRQ'&

Isreal James Easterday 

Isreal James Easterday

This offense is briefly described as follows:

18 U.S.C. §§ 111(a)(1) and (b)- Assaulting, Resisting, or Impeding Certain Officers Using a Dangerous Weapon or Inflicting Bodily Injury 

18 U.S.C. § 231(a)(3)- Civil Disorder 

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)- Disorderly and Disruptive Conduct in a Restricted Building or Grounds 

18 U.S.C. § 1752(a)(4)- Engaging in Physical Violence in a Restricted Building or Grounds 

40 U.S.C. § 5104(e)(2)(D)- Disorderly Conduct in a Capitol Building 

12/02/2022

Issuing Officer’s signature

Zia M. Faruqui, U.S. Magistrate Judge

22-MJ-04089-REID Case 1:22-mj-04089-LMR Document 1 Filed 12/09/22 Page 1 of 11

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AO 91 (Rev. 11/11) Criminal Complaint

UNITED STATES DISTRICT COURT

for the

District of &ROXPELD

United States of America )

)

)

)

)

)

)

v.

Case No.

Defendant(s)

CRIMINAL COMPLAINT

I, the complainant in this case, state that the following is true to the best of my knowledge and belief.

On or about the date(s) of in the county of in the

, the defendant(s) violated:

Code Section Offense Description

This criminal complaint is based on these facts: 

u Continued on the attached sheet.

Printed name and title

$WWHVWHGWRE\WKHDSSOLFDQWLQDFFRUGDQFHZLWKWKHUHTXLUHPHQWVRI)HG5&ULP3

E\WHOHSKRQH

Date:

Judge’s signature

City and state:

Printed name and title

6HHDWWDFKHGVWDWHPHQWRIIDFWV

9

Issuing Officer’s signature

LQWKH'LVWULFWRI &ROXPELD

:DVKLQJWRQ'&

Isreal James Easterday 

 DOB: 3/8/2001

January 6, 2021

18 U.S.C. §§ 111(a)(1) and (b)- Assaulting, Resisting, or Impeding Certain Officers Using a Dangerous Weapon or Inflicting Bodily Injury 

18 U.S.C. § 231(a)(3)- Civil Disorder 

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)- Disorderly and Disruptive Conduct in a Restricted Building or Grounds 

18 U.S.C. § 1752(a)(4)- Engaging in Physical Violence in a Restricted Building or Grounds 

40 U.S.C. § 5104(e)(2)(D)- Disorderly Conduct in a Capitol Building 

Andrew Martin, Special Agent

12/02/2022

Zia M. Faruqui, U.S. Magistrate Judge

Case 1:22-mj-04089-LMR Document 1 Filed 12/09/22 Page 2 of 11

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STATEMENT OF FACTS

I, the affiant, Andrew Martin, am a Special Agent with the Federal Bureau of 

Investigation (FBI) and have been so employed since July 2018. My duties, responsibilities, and 

training as a Special Agent with the FBI include investigating violations of federal law. I have 

been involved in the execution of search and arrest warrants. I am assigned to the FBI’s Joint 

Terrorism Task Force (JTTF) and have experience investigating national security threats, to 

include international terrorism and domestic terrorism. I am authorized to investigate violations 

of the laws of the United States and to execute warrants issued under the authority of the United 

States.

The U.S. Capitol is secured 24 hours a day by U.S. Capitol Police. Restrictions around 

the U.S. Capitol include permanent and temporary security barriers and posts manned by U.S. 

Capitol Police. Only authorized people with appropriate identification are allowed access inside 

the U.S. Capitol. On January 6, 2021, the exterior plaza of the U.S. Capitol was also closed to 

members of the public.

On January 6, 2021, a joint session of the United States Congress convened at the United 

States Capitol, which is located at First Street, SE, in Washington, D.C. During the joint session, 

elected members of the United States House of Representatives and the United States Senate 

were meeting in separate chambers of the United States Capitol to certify the vote count of the 

Electoral College of the 2020 Presidential Election, which had taken place on November 3, 2020. 

The joint session began at approximately 1:00 p.m. Shortly thereafter, by approximately 1:30 

p.m., the House and Senate adjourned to separate chambers to resolve a particular objection. 

Vice President Mike Pence was present and presiding, first in the joint session, and then in the 

Senate chamber.

As the proceedings continued in both the House and the Senate, and with Vice President 

Mike Pence present and presiding over the Senate, a large crowd gathered outside the U.S. 

Capitol. As noted above, temporary and permanent barricades were in place around the exterior 

of the U.S. Capitol building, and U.S. Capitol Police were present and attempting to keep the 

crowd away from the Capitol building and the proceedings underway inside.

At such time, the certification proceedings were still underway, and the exterior doors 

and windows of the U.S. Capitol were locked or otherwise secured. Members of the U.S. Capitol 

Police attempted to maintain order and keep the crowd from entering the Capitol; however, 

around 2:00 p.m., individuals in the crowd forced entry into the U.S. Capitol, including by 

breaking windows and by assaulting members of the U.S. Capitol Police, as others in the crowd 

encouraged and assisted those acts.

Shortly thereafter, at approximately 2:20 p.m. members of the United States House of 

Representatives and United States Senate, including the President of the Senate, Vice President 

Mike Pence, were instructed to—and did—evacuate the chambers. Accordingly, the joint session 

of the United States Congress was effectively suspended until shortly after 8:00 p.m. Vice 

President Pence remained in the United States Capitol from the time he was evacuated from the 

Senate Chamber until the sessions resumed.

Case 1:22-mj-04089-LMR Document 1 Filed 12/09/22 Page 3 of 11

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2 

Facts Specific to this Case

During national news coverage of the aforementioned events, video footage which 

appeared to be captured on mobile devices of persons present on the scene depicted evidence of 

hundreds of individuals inside the U.S. Capitol building without authority to be there, in 

violation of federal laws. Photographs and videos of several of these persons were disseminated 

via social media and other open-source online platforms and were also highlighted by the FBI on 

its public website as persons of interest. Those persons included a male wearing a gray t-shirt, 

dark brown leather jacket, and—at times—a black beanie with the logo “I TRUMP.” A FBI 

bulletin seeking information about this individual, among others, is shown below; in the 

photograph, the individual (circled in yellow) is not wearing the beanie. 

FBI BOLO 175 and 175 

Law enforcement has determined that there is probable cause to believe that this 

individual is ISRAEL JAMES EASTERDAY (“EASTERDAY”), based on, among other things, 

an identification provided by a law enforcement officer in Kentucky who has observed 

EASTERDAY personally and viewed photographs of the individual from the U.S. Capitol 

building and grounds on January 6, 2021, as described further below. 

Information obtained about EASTERDAY in relation to the riot at the U.S. Capitol on 

January 6, 2021, includes the following: In an approximately nine minute long clip from 

publicly available video viewed by the affiant (“YouTube Video 1”), EASTERDAY is shown 

with a group of rioters outside the East Rotunda door from approximately 2:17 pm to 2:26 pm.1

 

1

 This video clip was introduced as Government Exhibit 512.01 at trial in United States v. John Strand, 21 

Cr. 85 (D.D.C.). 

Case 1:22-mj-04089-LMR Document 1 Filed 12/09/22 Page 4 of 11

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YouTube Video 1 does not contain time stamps but the time in YouTube Video 1 can be 

approximated because it shows the breach of the East Rotunda door at the end of the clip, and I 

know from time-stamped CCTV video that this breach occurred at approximately 2:26 pm.

In the scene shown in YouTube Video 1, a large group of rioters were congregated 

outside the East Rotunda door, and some of the rioters had broken its windows using, among 

other things, flag poles to smash the glass. USCP Officer 1 and other police officers were trying 

to prevent the rioters from breaching the door and entering the Capitol Building. In a still image 

taken from YouTube Video 1, EASTERDAY (circled in yellow) is shown in Image 1 below 

wearing a black beanie, carrying a confederate flag and participating with the group of rioters 

trying to enter the East Rotunda door: 

Image 1

As shown in YouTube Video 1, EASTERDAY approached a group of police officers, 

including USCP Officer 1, and appeared to put down the confederate flag. A moment later, 

EASTERDAY (circled in yellow) pointed what appears to be some sort of bottle at USCP 

Officer 1 (circled in blue) and sprayed him with what appears to be a chemical irritant (circled in 

red), as shown in Image 2 below.

 

Case 1:22-mj-04089-LMR Document 1 Filed 12/09/22 Page 5 of 11

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4

Image 2

USCP Officer 1 has described to law enforcement, in sum and substance, that he believed 

he was sprayed with mace; that the irritant that sprayed him was different from the pepper spray 

used by the United States Capitol Police; that the irritant got in his eyes and caused him pain. 

Image 3 below, captured approximately two seconds after Image 2 above, shows USCP Officer 1 

(circled in blue) turning away from EASTERDAY in reaction to being sprayed.

Image 3

USCP Officer 1 has viewed YouTube Video 1 and stated that the incident in which he 

recalls being assaulted with a chemical irritant by a rioter outside the East Rotunda door on 

January 6 is the incident shown on YouTube Video 1 described above. 

Further, based on my training and experience and the experience of other officers, I know 

that chemical irritants such as mace, oleoresin capsicum spray (known as “OC spray”) and 

others, are decapacitating, and they have a high potential to negatively affect an officer’s ability 

to perform their official duties. 

Case 1:22-mj-04089-LMR Document 1 Filed 12/09/22 Page 6 of 11

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Case 1:22-mj-04089-LMR Document 9 Entered on FLSD Docket 12/16/2022 Page 9 of 23
5 

On April 21, 2022, FBI Bowling Green Resident Agency (BGRA) was notified by the 

FBI Washington Field Office (WFO) of a previously unidentified subject believed to be 

EASTERDAY. WFO believed the subject to be EASTERDAY based on, among other things, 

information showing that a Google account associated with EASTERDAY was located inside or 

near the U.S. Capitol Building on January 6, 2021. Specifically, FBI submitted EASTERDAY’s 

identifiers to the FBI’s “geofence” database, which contains data of cellular activity around the 

U.S. Capitol Building during the riot on January 6, 2021. The geofence database returned 

positive results for a Google ID number ending in 2668, and further showed that this Google ID 

number is associated with EASTERDAY’s name and a billing address that matches the address 

on EASTERDAY’s Kentucky driver’s license. Law enforcement also compared EASTERDAY’s 

Kentucky driver’s license photo to images of EASTERDAY from the U.S. Capitol and it appears 

that they show the same person. 

FBI used analytical tools and searched publicly available materials to obtain Images 4 

and 5 below, in which the individual believed to be EASTERDAY is wearing the same hat as the 

individual believed to be EASTERDAY shown in the videos of January 6 and similarly holding 

a confederate flag: 2

 

 

Image 4 Image 5

FBI obtained additional photos and video that matched EASTERDAY from a database of 

photos and videos related to the riots that occurred at the Capitol on January 6, 2021. This 

information showed the individual believed to be EASTERDAY inside the U.S. Capitol among 

other rioters during the riot on January 6, 2021, both at times when he was wearing his black “I 

 TRUMP” hat and when he was not. 

2

 Image 4 is an image made by magnifying the subject’s face as shown in Image 5. 

Case 1:22-mj-04089-LMR Document 1 Filed 12/09/22 Page 7 of 11

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Case 1:22-mj-04089-LMR Document 9 Entered on FLSD Docket 12/16/2022 Page 10 of 23
6

Images 6, 7 and 8 below are from CCTV video that identifies EASTERDAY’s time and 

location within the Capitol. Image 6 shows EASTERDAY entering the U.S. Capitol through the 

East Rotunda Door at approximately 2:39 p.m., within approximately 13 minutes of the initial 

breach of the East Rotunda door. 

Image 6

Image 7 shows EASTERDAY, a few seconds later, pulling other rioters into the U.S. 

Capitol through the door: 

Image 7

Case 1:22-mj-04089-LMR Document 1 Filed 12/09/22 Page 8 of 11

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Case 1:22-mj-04089-LMR Document 9 Entered on FLSD Docket 12/16/2022 Page 11 of 23
7

Image 8 below shows EASTERDAY a few minutes later, at approximately 2:41 p.m., 

entering an area of the Capitol Building known as the Gallery Stairs.

Image 8

Additional images show EASTERDAY both inside and outside the U.S. Capitol:

 

Image 9 Image 10

Case 1:22-mj-04089-LMR Document 1 Filed 12/09/22 Page 9 of 11

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Case 1:22-mj-04089-LMR Document 9 Entered on FLSD Docket 12/16/2022 Page 12 of 23
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Image 11

After being in the Gallery Stairs area of the U.S. Capitol at approximately 2:42 p.m. as 

shown in Image 11, EASTERDAY returned downstairs to the area from which he entered. 

CCTV video shows EASTERDAY approaching the East Rotunda door to exit the U.S. Capitol at 

approximately 2:51 p.m.

On April 25, 2022, your affiant interviewed a law enforcement officer at the Hart County 

Sheriff’s Office in Munfordville, Kentucky (“HCSO Officer 1”). Hart County, Kentucky is the 

county where EASTERDAY’s address is listed in Kentucky Department of Motor Vehicles 

records. Images 4, 5, 9, 10, and 11 were presented to HCSO Officer 1 for the purpose of 

identification. HCSO Officer 1 was presented the photos with no name associated and asked if 

the individual or individuals in the photos were known to the officer. HSCO Officer 1 

immediately identified EASTERDAY as the subject in all photos. HCSO Officer 1 informed 

your affiant that he or she is personally familiar with EASTERDAY. 

Based on the foregoing, I submit that there is probable cause to believe that 

EASTERDAY violated 18 U.S.C. §§111(a)(1), (b), and 2, which make it a crime to forcibly 

assault, resist, oppose, impede, intimidate, or interfere with certain designated individuals, and to 

use a deadly or dangerous weapon or inflict bodily injury during the commission of such acts, or 

to aid, abet, counsel, command, induce, or procure the commission of such offenses. Within the 

meaning of this statute, a designated individual is an officer or employee of the United States or 

of any agency in a branch of the United States Government (including any member of the 

uniformed services), while such officer or employee is engaged in or on account of the 

performance of official duties, or any person assisting such an officer in the performance of 

official duties or on account of that assistance.

I submit that there is also probable cause to believe that EASTERDAY violated 18 

U.S.C. §§ 231(a)(3) and 2, which makes it unlawful to commit or attempt to commit any act to 

obstruct, impede, or interfere with any fireman or law enforcement officer lawfully engaged in 

the lawful performance of his official duties incident to and during the commission of a civil 

disorder which in any way or degree obstructs, delays, or adversely affects commerce or the 

Case 1:22-mj-04089-LMR Document 1 Filed 12/09/22 Page 10 of 11

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Case 1:22-mj-04089-LMR Document 9 Entered on FLSD Docket 12/16/2022 Page 13 of 23
9 

movement of any article or commodity in commerce or the conduct or performance of any 

federally protected function, operation, or action carried out, under the laws of the United States, 

by any department, agency, or instrumentality of the United States or by an officer or employee 

thereof. This includes the Joint Session of Congress where the Senate and House count Electoral 

College votes. 

I further submit that there is probable cause to believe that EASTERDAY violated 18 

U.S.C. §§ 1752(a)(1), (2), and (4), (b)(1)(A), and 2, which make it a crime to (1) knowingly 

enter or remain in any restricted building or grounds without lawful authority to do; (2) 

knowingly, and with intent to impede or disrupt the orderly conduct of Government business or 

official functions, engage in disorderly or disruptive conduct in, or within such proximity to, any 

restricted building or grounds when, or so that, such conduct, in fact, impedes or disrupts the 

orderly conduct of Government business or official functions; or attempts or conspires to do so; 

(4) knowingly engage in any act of physical violence against any person or property in any

restricted building or grounds; or attempt or conspire to do so; and (b)(1)(A) to commit any of

the aforementioned offenses with a deadly or dangerous weapon or firearm; or to aid, abet,

counsel, command, induce, or procure the commission of such offenses. For purposes of Section

1752 of Title 18, a “restricted building” includes a posted, cordoned off, or otherwise restricted

area of a building or grounds where the President or other person protected by the Secret Service,

including the Vice President, is or will be temporarily visiting; or any building or grounds so

restricted in conjunction with an event designated as a special event of national significance.

Finally, I submit that there also is probable cause to believe that EASTERDAY violated 

40 U.S.C. §§ 5104(e)(2)(D) and (F), which makes it a crime to willfully and knowingly (D) utter 

loud, threatening, or abusive language, or engage in disorderly or disruptive conduct, at any 

place in the Grounds or in any of the Capitol Buildings with the intent to impede, disrupt, or 

disturb the orderly conduct of a session of Congress or either House of Congress, or the orderly 

conduct in that building of a hearing before, or any deliberations of, a committee of Congress or 

either House of Congress; and (F) engage in any act of physical violence in the Grounds or any 

of the Capitol Buildings. 

_________________________________ 

Special Agent Andrew Martin

FEDERAL BUREAU OF INVESTIGATION

Attested to by the applicant in accordance with the requirements of Fed. R. Crim. P. 4.1 

by telephone, this _____ day of December 2022. 

___________________________________ 

THE HONORABLE ZIA M. FARUQUI

U.S. MAGISTRATE JUDGE

2nd

Case 1:22-mj-04089-LMR Document 1 Filed 12/09/22 Page 11 of 11

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Case 1:22-mj-04089-LMR Document 9 Entered on FLSD Docket 12/16/2022 Page 14 of 23
M IN UTE O RDER Page2

M agistrateJudge Lisette M arie Reid

AtkinsBuildingCourthouse-3rdFloor Date:12/9/2022 Time:2:00p.m.

Defendant: ISREALJAM ESEASTERDAY J#:07750-506 Case#: 22-MJ-04089-REID

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Case 1:22-mj-04089-LMR Document 2 Filed 12/09/22 Page 1 of 1

15

Case 1:22-mj-04089-LMR Document 9 Entered on FLSD Docket 12/16/2022 Page 15 of 23
UNITED STATESDISTRICT COURT

SOUTHERN DISTRICT OFFLORIDA

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Thisappearance ismadewith theunderstandingthattheundersigned counselwillf'ulfillany

obligations imposed by the Cotu't such as preparing and filing docum ents necessary to

collateralizeanypersonalsuretybondwllichmaybeset.

Counsel'sName(Printed): :'V 41/ lrrr

Cotmsel'sSignature:

Address(includeCity/state/zipCodel:

/'5 b/4x/4fa0, 5lwt% fv/&' # /Jyg !l

' j

w

I ,a-v.,r.z. z7/Az. )!

Telephone: s/f-o $)t- i/?# FloridaBarNumber: //ç Yfo

Date: /W

Case 1:22-mj-04089-LMR Document 3 Filed 12/09/22 Page 1 of 1

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Case 1:22-mj-04089-LMR Document 9 Entered on FLSD Docket 12/16/2022 Page 16 of 23
UNITED STATESDISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASENO.: g-z-< J'-o'cfnîs'-p.)/.

UNITED STATESOFAM ERICA,

Plaintiff,

NOTICE OF TEM POM RY

APPEARANCE AS COUNSEL

A r.eI r-œz16z-tx/1

Defendant.

/

coMssNow -0ug y. vo ryw ana

filesthistemporaryappearanceascolmselfortheabovenameddefendants)atiaitialappearance.

Thisappearance ismadewith theunderstandingthattheundersigned counselwillfulfillany

obligations imposed by the Courtsuch as preparing and fl'ling docunlents necessary to

collateralizeanypersonalsuretybondwllichmaybeset.

counsel,sx.e(printed):

#

r-rg..< y usr/z

Counsel'sSignattzre:

Address(includeCit/state/zipCodel:

/p : rzac<fmE- f (-,t. Jw k /J## l 1 j

I zeluwz Fz.'J)/3z. )(

Telephone. sof- 5Wi-J-tf/ iqoridaBarxumber: /to L-z'#

Date: JL @ q #az

Case 1:22-mj-04089-LMR Document 4 Filed 12/09/22 Page 1 of 1

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 22-mj-04089-LMR

 

UNITED STATES OF AMERICA

v. 

ISREAL EASTERDAY, 

 

 Defendant.

__________________________________/ 

ORDER OF DETENTION

On December 13, 2022, this Court held a hearing pursuant to 18 U.S.C. § 3142(f) to 

determine whether Defendant Isreal Easterday (“Easterday”) should be detained pending trial. 

Having considered the evidence presented at the pre-trial detention hearing, the pre-trial 

services report, and the factors enumerated in 18 U.S.C. § 3142(g), the Court finds by clear and 

convincing evidence that there is no condition or combination of conditions that will reasonably 

assure the safety of any other person and the community if Easterday is released on bond. 

Therefore, the Court orders the detention of Easterday prior to and until the conclusion of trial. 

In accordance with the provisions of 18 U.S.C. 3142(i)(l), the Court makes the following 

findings of fact and statement of reasons for the detention: 

1. The charges against Easterday are serious. Easterday is charged by criminal 

complaint with the following offenses: assaulting, resisting, or impeding an officer using a 

dangerous weapon or inflicting bodily injury in violation of 18 U.S.C. §§ 111(a)(1) and (b); civil 

disorder in violation of 18 U.S.C. § 231(a)(3); entering and remaining in a restricted building or 

grounds with a deadly or dangerous weapon in violation of 18 U.S.C. §§ 1752(a)(1) and (b)(1)(A); 

disorderly and disruptive conduct in a restricted building or grounds in violation of 18 U.S.C. § 

1752(a)(2); engaging in physical violence in a restricted building or grounds in violation of 18 

Case 1:22-mj-04089-LMR Document 5 Filed 12/15/22 Page 1 of 3

18

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2

U.S.C. § 1752(a)(4); and disorderly conduct in a Capitol building in violation of 40 U.S.C. § 

5104(e)(2)(D).

2. The weight of the government’s evidence is substantial. The government proffered 

the following evidence at the detention hearing:

a. Easterday participated in the riot at the United States Capitol on January 6, 

2021. Specifically, Easterday was part of a group of rioters that attempted to 

breach the East Rotunda Door to the Capitol Building at a time when United 

States Capitol Police Officers, who were greatly outnumbered by the rioters, 

tried to prevent the rioters from breaching the Capitol. 

b. A publicly available video described by FBI Special Agent Andrew Martin 

shows that, during that confrontation, Easterday intentionally sprayed a Capitol 

Police officer with mace or some form of chemical irritant. The victim officer 

has previously testified, in another case, to the pain that this assault inflicted 

upon him while he was trying to perform his duties to protect the Capitol. 

c. Shortly after this incident, this group of rioters, including Easterday, succeeded

in breaching the United States Capitol through the East Rotunda door.

3. If convicted, Easterday faces a significant amount of time in prison, with the 

government estimating a sentencing guideline range of 87 to 108 months, including anticipated 

enhancements.

4. In light of Easterday’s documented intentional attack on a law enforcement officer 

protecting the United States Capitol with a chemical substance that caused him pain and irritation 

and his subsequent breach, with other rioters, of the United States Capitol notwithstanding efforts 

of Capitol Police Officers to protect the premises, the Court concludes that Easterday has exhibited 

Case 1:22-mj-04089-LMR Document 5 Filed 12/15/22 Page 2 of 3

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Case 1:22-mj-04089-LMR Document 9 Entered on FLSD Docket 12/16/2022 Page 19 of 23
3 

a callous disregard for the safety and well-being of law enforcement officers and the integrity of 

federal property. Accordingly, the Court finds by clear and convincing evidence that no condition 

or combination of conditions will reasonably assure the safety of any other person and the 

community if Easterday is released on bond. 

5. For these reasons, the Court hereby directs that: 

a. Easterday be detained without bond; 

b. Easterday be committed to the custody of the Attorney General for confinement 

in a corrections facility separate, to the extent practical, from persons awaiting 

or serving sentences or being held in custody pending appeal; 

c. Easterday be afforded reasonable opportunity for private consultation with 

counsel; and 

d. On order of a court of the United States or on request of an attorney for the 

government, the person in charge of the corrections facility in which Easterday 

is confined shall deliver him to a United States Marshal for the purpose of an 

appearance in connection with a court proceeding. 

DONE AND ORDERED in Miami, Florida, this 15th day of December, 2022. 

 ____________________________________ 

 ALICIA M. OTAZO-REYES 

UNITED STATES MAGISTRATE JUDGE

cc: Counsel of Record 

Pretrial Services

U.S. Marshals Service

Case 1:22-mj-04089-LMR Document 5 Filed 12/15/22 Page 3 of 3

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UM TED STATESPIjTRICTCOURT

SOUTHERN DISTRICT OF FLORIDA

CaseNo:22cq4089-MJ-lElD

UnitedStatejofAmerica

Plaintiftl

V.

ChargingDistrict'sCaseNo. 1:22-n$-00264

lsreàlJamesEasterday,

Defendant.

wwlvER oFkIJLEs& pk1REMOVAL/IDEAP TVHEAm NGS

Iunderstànd.thatIhgvebeenchargedinanotherpistrict,theDiytrictofColumbia.

1havebeeninformedofthechargesandofmyrightsto:

(l) wtaincourfjelo'rrçqùesttheassignmen'tofcounkelifIam.unabletoretaincounsel;

(2) anidentityhegringtodettymine'whetherlam thepersonnamedinthechargesj .

. ('3)' p''' ro'dtzctionöfthewarrant,acyrtifièdcopyof'lhewarrant,orareliableelectroniccopyof

'

. - - . '

: Cither; ' ' ' ' . .

(4')'r a'prelimiharvhearinawithin 14daysofmyfirstappearapceif1am incustodyand21 . ..

'*

'

' *' ' 'h'e t , days.otherwise= untosl'anjin'dlcted- tèdejrrmiàewhetherthereisprobablecause.to '

(bet''k.ve.tha't'raun''pffens:'hàsbeéflco'mmittèd;

(5) ;'.àhèarinéönanymptionbythdgovetnmentfordetention;

(6)'., fequJsttransferèftheproceedingjtèthisdistrid underFed.R,Criril.P..20,toplead

.. J

'

'

.1agreetpwaivçmyrightsto:(èiqckthosethatapply)

- Anidentityhear.ingandproduc'tionofthewarrant.

r--lA prelimlnae hçaring.

I'--IA detentiohhearingintheSoljthernDistrictpfFlorida.

.

-

.

. q. .

I'--IAnidentityùearing,prod'uctionofthçwarrant,andanypreliminary(?rdetentionhearing .

. .

.

'

.

'

towhichlmaybeentitlèbtointhisdijtrict.lrequestthatthosehearingsàeheld. inthe

prosectfiingdistrict,atatim'esetbythatcourt.

Iconsentto. thrissuanceofan

th. echargesarependingagainsime.

orderrequiring myrgppèa. raricein theproseçutihg.districtwhere'

Dàteq12/13/2022

;(:*l fp.cJ.c.rp4)/

Defendànt'sSigpgturè

' '

).. '' ' ''.

AliciaM .Otaéo- es

UnltedStated'M agistrateJudge

Case 1:22-mj-04089-LMR Document 6 Filed 12/13/22 Page 1 of 1

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UniedStatesDistrictCourt.

SouthernDistrictofFlorida

C'aseNo. 22-04089-M .1-% 113

UNITEDSTATESQFAMERICY,

ChargiùgDistrict'sCaseNo;1:22-mj-00264

IsqçalJamesEasterday,

(USM#07750-j06)C '

. /

COMMITMENTTOANOTHERDISTRICT

ThedèfèndanthasbeenorderedtöajpearintheDistrictofColumbia.

FrankSchwartk& M ichaelM ièr(TEM PORARV wasappointedtorebreséntbèfendantfor

'

Proce,edings'in',thljbistrict'. .q .

Thejefendgntmmàins.in.custèdyaftertheinitialaphearancejntheSouthernDistriptofFlorida.

IT IsORbERED thattheUnitedStatçsmarshalmusttransportthedefendant,togetherwitha

copyofthisQrdei,toth'echkjingdistrictanddelverthedefendanttotheUnitedStatesmarshalforthat

district?ortoanotherofficerauthorizedtoreceivethedef. endant.Themarshalorpfficerinthechargihg

districtshouldimmediatelynptifytheUnitedStatesaqorneyandtfleclerkofcourtforthaidistrictofthe

defendant'sarrivalsothatfurtherproceedingsmaybeptomptlyschedtled.Thecletkofthijdistrlctmust

promptlktransmitthepapersandanybailtothechargingdistrict.

DONEAND ORDERED atM iami,Floridaon12/13/2022.

.

';

AliciaM .sotazoaRey

UnijedStatesMpgjstrate Judge

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·-, 

COURT MINUTES Page 2 

Magistrate Judge Alicia M. Otazo-Reyes 

Atkins Building Courthouse - 10th Floor Date: 12/13/2022 Time: 10:00 a.m. 

Defendant: Isreal James Easterday J#: 07750-506 Case#: 22-04089-MJ-REID 

AUSA: 7h. tJ( L ~ 6-t_u,..... Attorney: Fran_k_S_c_h_w_a-rt_z_&_ rv_1i_clia__e_l_fv_1_ie-,-(R_e_t_a_iA_e_rl_)_ 

Violation: WARR/COMPLAINT/ DC/CIVIL DISORDER, ASSAULTING, RESISTING OR IMPENDING CERTAIN 

Ir I Surrender and/or do not obtain passports/trave clo 

(r J Report to PTS as directed/or ____ x's a week/month by 

phone: _ __ x's a week/month in person 

lrl Random urine testing by Pretrial Services 

Treatment as deemed necessary 

(rl Refrain from excessive use of alcohol 

lrl Participate in mental health assessment & treatment 

(rl Maintain or seek full-time employment/education 

Ir l No contact with victims/witnesses 

(r l No firearms 

(r ! Not to encumber property 

(rl May not visit transportation establishments 

Ir l Home Confinement/Electronic Monitoring and/or 

Curfew ____ pmto ___ am,paidby ____ _ 

(rl Allowances: Medical needs, court appearances, attorney visits, 

religious, employment 

lrl Travel extended to: 

IC] Other: 

NEXT COURT APPEARANCE Date: Time: Judge: 

Language: English 

Disposition: 

*Brad 

from Speedy Trial Clock 

iven.* 

Report RE Counsel: - - --------- - ---------;,1,;,1--1,;.~ =.:....::=--~.;._.i:;.-:1-{7'c-'c-l-\-~.....;_~-

PTD/Bond Hearing: -------------- ---~b/---l..ll,.-lq\----'-=L___----'"""--"-'L....:...l-+-----=:-----

Prelim/ Arraign or Removal: 

Status Conference RE: 

D.A.R. [ D ._ ( ( '. 41 TimeinCourt: f hr ll MJ'lS. 

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