WASHINGTON — Jurors deliberating the fate of five Proud Boys charged with seditious conspiracy in connection with the Jan. 6 attack on the U.S. Capitol appear to be struggling with the charges against at least some of the defendants.
The jury sent a note to U.S. District Judge Timothy Kelly Tuesday morning asking for additional instruction, asking what to do if they do not agree on all charges. “We did not receive instructions on what to do if the jury does not reach unanimity on a charge. How should we proceed in this scenario?” the note stated, in part.
The jury began deliberating on Wednesday and did not deliberate on Friday morning, meaning they spent roughly the equivalent of three full days considering the case before sending the note.
Kelly ultimately sent a note back to the jury, telling them that they were allowed to deliver a partial verdict and saying to send him a note if they ended up in a situation where they were deadlocked on a charge.
Enrique Tarrio, Joseph Biggs, Ethan Nordean, Dominic Pezzola and Zachary Rehl each face nine counts, including the rare charge of seditious conspiracy under a Civil War-era statute. Pezzola — who was caught on video smashing in a window with a Capitol Police shield during the breach, and who admitted to his behavior on the stand — faces an additional charge over the stolen police shield.
May 2, 202301:07
The biggest challenge prosecutors faced in the trial was convincing a jury that Tarrio, the former Proud Boys chairman, was a part of the conspiracy, given that he spent Jan. 6 at a hotel in Baltimore after being banned from Washington, D.C., the day before.
Tarrio, in encrypted messages revealed during the trial, acknowledged receiving a message from someone who wanted to “storm the Capitol” but didn’t directly endorse that plan, and prosecutors seemed to concede that much of what happened on Jan. 6 happened spontaneously. What they were able to show was that Tarrio said he wanted a “spectacle” on Jan. 6, and celebrated the attack on the Capitol after it happened, giving the Proud Boys credit for the breach.
Several other Proud Boys have pleaded guilty for their actions on Jan. 6, including one member who pleaded guilty to seditious conspiracy.
The trial has dragged on over about five months; jury selection began in December 2022 and the jury heard opening arguments in early January.
Source: | This article originally belongs to Nbcnews.com
