He should sue for false arrest and defamation.
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Posted On: 07/29/2022 11:50:44 AM
He should sue for false arrest and defamation.
Video Used to Charge Jan. 6 Defendant Exonerates Him on Charge of Assaulting Police, Attorney Says
After nearly a year in jail, court motion seeks his release.
He was described as a “terrorist” by a federal judge who will preside over his trial.
Former sheriff’s deputy Ronald Colton McAbee, 28, of Tennessee, has faced a difficult road since being indicted for alleged criminal actions at the U.S. Capitol on Jan. 6, 2021.
Arguably the most trying situation for McAbee was being denied bail for nearly a year based on video evidence that his attorney now says exonerates him.
“What makes the government’s case weak is the fact that the videos actually exonerate Mr. McAbee of the very allegations made against him, and Mr. McAbee is motivated to appear for trial, take the stand and narrate those videos for [the] jury,” wrote attorney William Shipley in a May 2022 motion to have his client released from jail.
McAbee, a former sheriff’s deputy in Tennessee and Georgia with more than seven years of law-enforcement experience as a deputy and correctional officer, was charged by federal prosecutors with seven alleged crimes.
Charges included assaulting, resisting, or impeding a federal officer, two counts of civil disorder, entering and remaining in a restricted building or grounds with a deadly or dangerous weapon, disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon, engaging in physical violence in a restricted building or grounds with a deadly or dangerous weapon, and committing an act of physical violence in the Capitol grounds or buildings.
McAbee was outside the Lower West Terrace tunnel during some of the worst violence on January 6.
Several times he tried to render lifesaving aid to a dying Rosanne Boyland, 34, of Kennesaw, Georgia. His interactions with Metropolitan Police Department officers resulted in most of the charges and served as justification for a D.C. judge to jail him until trial.
A break in McAbee’s case came when video investigator Gary McBride of Decatur, Texas, studied the bodycam footage shown in court, except with the audio track turned on. It painted a vastly different picture of what took place, McBride told The Epoch Times.
“The prosecutors did not play the audio of AW [Andrew Wyatt] and McAbee talking during this point,” McBride said in a video he made about the evidence. “McAbee is trying to save AW. Prosecutors didn’t play that in court.”
McBride said his analysis showed McAbee did not pull the officer down the stairs, but was swept backward and lost his balance, due to two protesters pulling on the officer’s legs. McAbee was standing over Wyatt at the time. As a result, McAbee fell on top of Wyatt and was over him for about 25 seconds.
While McAbee was on top of Wyatt, bystanders called him a traitor, ostensibly for helping the officer. When someone in the crowd tried to grab at Wyatt, McAbee shouted, “No!” and “Quit!”
“At that point, my husband just saw an officer down and an officer needing help, because the first thing he says, when he pops in around the tunnel before he gets around the rail is, ‘Hey, you guys have a man down,’” Sarah McAbee said. “They literally did nothing to help that guy. So he’s the one who jumped into action.”
Sarah said she was relieved when she learned the audio track from the evidence videos backs up what her husband told her that day.
“My husband’s story has not changed from January 6. There’s actually a picture of him that they have on the FBI website of him on the phone,” she said. “I know that’s a phone call with me about everything that just went down.
“His story has not changed from that day to today. He’s just not a liar. That’s just not who he is and even the little details have always remained the same.”
McBride and Sarah McAbee said the audio track should have been disclosed to the defense as exculpatory evidence.
If you listen to the audio, he says, ‘Hey, I’m one of you. Let me know when you’re ready to get up. I’m going to help you up.’ And they get up together,” Sarah McAbee said. “That’s not him assaulting anybody. It’s the same videos, they just wouldn’t play the audio in court, because the audio is so detrimental to their case.”
According to the transcript developed by McAbee’s legal team, after someone in the crowd shouted, “[expletive] traitor!” McAbee asked Officer Wyatt, “You ready?” and then added, “I’m one of you. I’m one of you.”
Wyatt replied, “Let go of me, man!” McAbee then told him, “I’m helping you.” Wyatt replied, “I know. I know. Help me up.”
William Miller, public information officer for the U.S. Attorney’s Office for the District of Columbia, declined to comment. “We typically do not comment on cases beyond our public filings and statements to the Court and have no comment,” Miller said in an email statement to The Epoch Times.
McAbee asked a friend to order him a pair of motorcycle gloves that have carbon-fiber reinforcements in the knuckles and fingers. The gloves are designed to protect the hands from flying debris while riding, or from injury in the event of a crash. Prosecutors classified the gloves as a “deadly weapon” in the charges against McAbee.
According to McAbee’s filings in the case, he wanted to have the gloves because there had been attacks on Trump supporters by Antifa at other events in Washington. There is no evidence he used the gloves in any attack or offensive manner, his attorney said.
https://www.theepochtimes.com/exclusive-video...19418.html
Video Used to Charge Jan. 6 Defendant Exonerates Him on Charge of Assaulting Police, Attorney Says
After nearly a year in jail, court motion seeks his release.
He was described as a “terrorist” by a federal judge who will preside over his trial.
Former sheriff’s deputy Ronald Colton McAbee, 28, of Tennessee, has faced a difficult road since being indicted for alleged criminal actions at the U.S. Capitol on Jan. 6, 2021.
Arguably the most trying situation for McAbee was being denied bail for nearly a year based on video evidence that his attorney now says exonerates him.
“What makes the government’s case weak is the fact that the videos actually exonerate Mr. McAbee of the very allegations made against him, and Mr. McAbee is motivated to appear for trial, take the stand and narrate those videos for [the] jury,” wrote attorney William Shipley in a May 2022 motion to have his client released from jail.
McAbee, a former sheriff’s deputy in Tennessee and Georgia with more than seven years of law-enforcement experience as a deputy and correctional officer, was charged by federal prosecutors with seven alleged crimes.
Charges included assaulting, resisting, or impeding a federal officer, two counts of civil disorder, entering and remaining in a restricted building or grounds with a deadly or dangerous weapon, disorderly and disruptive conduct in a restricted building or grounds with a deadly or dangerous weapon, engaging in physical violence in a restricted building or grounds with a deadly or dangerous weapon, and committing an act of physical violence in the Capitol grounds or buildings.
McAbee was outside the Lower West Terrace tunnel during some of the worst violence on January 6.
Several times he tried to render lifesaving aid to a dying Rosanne Boyland, 34, of Kennesaw, Georgia. His interactions with Metropolitan Police Department officers resulted in most of the charges and served as justification for a D.C. judge to jail him until trial.
A break in McAbee’s case came when video investigator Gary McBride of Decatur, Texas, studied the bodycam footage shown in court, except with the audio track turned on. It painted a vastly different picture of what took place, McBride told The Epoch Times.
“The prosecutors did not play the audio of AW [Andrew Wyatt] and McAbee talking during this point,” McBride said in a video he made about the evidence. “McAbee is trying to save AW. Prosecutors didn’t play that in court.”
McBride said his analysis showed McAbee did not pull the officer down the stairs, but was swept backward and lost his balance, due to two protesters pulling on the officer’s legs. McAbee was standing over Wyatt at the time. As a result, McAbee fell on top of Wyatt and was over him for about 25 seconds.
While McAbee was on top of Wyatt, bystanders called him a traitor, ostensibly for helping the officer. When someone in the crowd tried to grab at Wyatt, McAbee shouted, “No!” and “Quit!”
“At that point, my husband just saw an officer down and an officer needing help, because the first thing he says, when he pops in around the tunnel before he gets around the rail is, ‘Hey, you guys have a man down,’” Sarah McAbee said. “They literally did nothing to help that guy. So he’s the one who jumped into action.”
Sarah said she was relieved when she learned the audio track from the evidence videos backs up what her husband told her that day.
“My husband’s story has not changed from January 6. There’s actually a picture of him that they have on the FBI website of him on the phone,” she said. “I know that’s a phone call with me about everything that just went down.
“His story has not changed from that day to today. He’s just not a liar. That’s just not who he is and even the little details have always remained the same.”
McBride and Sarah McAbee said the audio track should have been disclosed to the defense as exculpatory evidence.
If you listen to the audio, he says, ‘Hey, I’m one of you. Let me know when you’re ready to get up. I’m going to help you up.’ And they get up together,” Sarah McAbee said. “That’s not him assaulting anybody. It’s the same videos, they just wouldn’t play the audio in court, because the audio is so detrimental to their case.”
According to the transcript developed by McAbee’s legal team, after someone in the crowd shouted, “[expletive] traitor!” McAbee asked Officer Wyatt, “You ready?” and then added, “I’m one of you. I’m one of you.”
Wyatt replied, “Let go of me, man!” McAbee then told him, “I’m helping you.” Wyatt replied, “I know. I know. Help me up.”
William Miller, public information officer for the U.S. Attorney’s Office for the District of Columbia, declined to comment. “We typically do not comment on cases beyond our public filings and statements to the Court and have no comment,” Miller said in an email statement to The Epoch Times.
McAbee asked a friend to order him a pair of motorcycle gloves that have carbon-fiber reinforcements in the knuckles and fingers. The gloves are designed to protect the hands from flying debris while riding, or from injury in the event of a crash. Prosecutors classified the gloves as a “deadly weapon” in the charges against McAbee.
According to McAbee’s filings in the case, he wanted to have the gloves because there had been attacks on Trump supporters by Antifa at other events in Washington. There is no evidence he used the gloves in any attack or offensive manner, his attorney said.
https://www.theepochtimes.com/exclusive-video...19418.html
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