Merrick B. Garland, Attorney General | https://www.justice.gov/
Merrick B. Garland, Attorney General | https://www.justice.gov/
Two Indiana men have pleaded guilty to charges of assaulting law enforcement officers during the events at the U.S. Capitol on January 6, 2021. Donald Lee Moss, aged 62 from Elizabethtown, and James Link Behymer, aged 61 from Hope, admitted to one count each of assaulting, resisting, or impeding certain officers. Their plea was made before U.S. District Judge Tanya S. Chutkan, with sentencing scheduled for February 13, 2025.
Court documents reveal that around 2:00 p.m. on January 6th in Washington D.C., a group of Metropolitan Police Department (MPD) officers wearing riot gear approached the Lower West Terrace of the Capitol as rioters gathered around them. Despite commands to "move back," Behymer and Moss did not comply. Behymer raised his fist and chanted "USA! USA! USA!" while Moss pointed at the Capitol building and shouted an expletive-laden statement about ownership.
At approximately 2:01 p.m., Behymer struck an officer's wrist after being told to step back for safety reasons. Moss then pushed the officer's hand away from Behymer. The crowd continued shouting derogatory remarks at the police, and some threw objects like traffic cones at them.
The situation escalated as Behymer engaged physically with officers by grabbing their hands and batons between approximately 2:02 p.m. and 2:03 p.m., while Moss pushed another officer from behind.
Ten minutes later, both men entered the Capitol through the Senate Wing doors and encouraged other rioters to enter by waving them in through a shattered window at around 2:21 p.m. They proceeded towards various areas within the building before exiting shortly after half-past two in the afternoon.
Despite leaving briefly, they re-entered the Capitol again via the Senate Wing doors at approximately 2:48 p.m., eventually exiting once more at around 3:34 p.m.
The prosecution is being handled by the U.S. Attorney's Office for the District of Columbia alongside assistance from various agencies including FBI field offices in Indianapolis and Washington, which are investigating this case.
Since January 6th, over 1,504 individuals have been charged across nearly all states for crimes related to this incident—more than 560 facing charges specifically related to assaulting or impeding law enforcement officers.
Authorities continue to seek information related to these events; tips can be submitted by calling or visiting specified FBI contact points.
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