‘Right now we’re storming the Capitol.’ Feds say California man attacked cops Jan. 6
Federal prosecutors are pushing back hard at an effort by an Auburn man to have his charges reduced in the Jan. 6 insurrection on free speech grounds, saying Sean Michael McHugh verbally and physically attacked police that day and later bragged about using bear spray against law enforcement during the hourslong melee at the U.S. Capitol.
In a 46-page court filing in federal court in Washington, prosecutors oppose the arguments by McHugh’s lawyers to have five of the 10 counts he faces dismissed, saying there is ample evidence that the 35-year-old construction worker traveled to Washington from Sacramento prepared for action and only stayed from Jan. 5 through Jan. 7.
“McHugh brought to the Capitol a megaphone, bear spray, and a holster,” Assistant U.S. Attorney Jacob Strain wrote in opposing the effort to dismiss five of the 10 counts. “The short travel reservation combined with the items McHugh chose to pack suggests that the defendant’s only purpose in coming to D.C. was to participate in an anticipated violent riot.
“The defendant came to D.C. prepared for conflict carrying chemical spray for offensive use. As he marched with a large crowd to the Capitol he filmed himself with his phone saying: ‘Right now we’re storming the Capitol. We’re going to Congress and we’re gonna let them know that we don’t want them to accept the Electoral College votes...’”
Prosecutors say McHugh used a megaphone to direct marchers toward police officers at metal barricades, and produced photos of him shouting into a megaphone while standing at the Capitol flanked by a flag in support of then-President Donald Trump.
“McHugh also verbally attacked law enforcement officers,” court documents say. “Video captures him yelling various obscenities at officers through his megaphone like, ‘You guys like protecting pedophiles?’; ‘You’re protecting communists!’; ‘I’d be shaking in your little s--- boots too’; ‘There is a Second Amendment behind us, what are you going to do then?’; ‘You ain’t holding the line!’”
McHugh also allegedly grabbed onto a metal sign and pushed it into police officers while yelling at them, court documents say.
“At approximately 1:40 pm, a large group of protesters started to move a metal sign toward a police barricade,” court documents say. “McHugh was positioned at the front of the barricade.
“McHugh turned around, saw the sign coming toward him and yelled into his megaphone at the officers, ‘Yeah bitch!’ He then directed the rioters with his megaphone to, ‘Put it up there! Put it up there!’ McHugh then took a position at the side of the sign, grabbed it, and pushed it into officers.”
Prosecutors say there also is a video of McHugh using a can of bear spray he carried in a holster on his hip to spray at police officers neat the Capitol’s west terrace. The court files also say that when FBI agents searched McHugh’s Auburn home last May they recovered the megaphone, a bear spray canister warning of “irreversible eye damage if sprayed in the eye” and the holster.
“The FBI also seized McHugh’s phone during the search warrant and discovered that McHugh sent the following text to another individual discussing the events of January 6th: ‘I unloaded a whole can of bear spray on a line of cops I got three of them down really really good.’”
Federal officials say about 140 officers were assaulted during the riot, including about from the U.S. Capitol Police and about 60 from the Metropolitan Police Department.
McHugh is one of four Sacramento-area residents charged in connection with the insurrection, which temporarily halted Congress’ certification of President Joe Biden’s November election victory over Trump.
One, Valerie Elaine Ehrke of Arbuckle, pleaded guilty to a misdemeanor count in September and was sentenced to probation.
Two others, Sacramento GOP activist Jorge Aaron Riley and Rocklin resident Tommy Frederick Allan, have cases pending in court in Washington.
McHugh is the only one of the four who has been kept in custody, with a judge ruling that his past criminal activity in the Sacramento region and other factors made him a danger to the community and a flight risk.
He currently faces a March 4 trial date on eight felony and two misdemeanor counts of assaulting or resisting officers, obstructing an official proceeding and physical violence on Capitol grounds.
McHugh’s federal defender argued in a court filing last week that McHugh was merely exercising his First Amendment rights outside the Capitol and never entered the building during the riot.
“Mr. McHugh’s words were an expression of his First Amendment rights, and there was no criminal intent to do anything more than express his anger regarding the election,” Assistant Federal Defender Maria Jacob wrote.
More than 675 individuals from all 50 states have been arrested so far in connection with the Capitol riot, and the FBI is actively seeking information on other suspects.
This story was originally published December 8, 2021 at 9:31 AM.