However, the judge detained Virginia residents Antonio LaMotta and Joshua Macias for trial Thursday morning.
The judge dismissed gun attacks against Macias because he was licensed to carry in his home state of Virginia.
LaMotta will be on trial for carrying a weapon without a license.
The men had no comment when they entered the Criminal Justice Center.
The Commonwealth tried to revoke bail over their presence in the Capitol during last week’s riot, but a judge dismissed the motion.
SEE ALSO: Gunmen Arrested Near Pennsylvania Convention Center Identified
Macias’ attorney, William Brennan, says his client never violated the Capitol.
“If the government shows me any evidence that our client was in the building, I will retire as counsel,” Brennan said.
LaMotta’s lawyer had no comment.
The two defendants were arrested in November after a law enforcement bulletin warned police to search for a Hummer coming to Philadelphia with people planning to interfere with the polls at the Pennsylvania Convention Center.
Both were armed with pistols and an assault rifle was found in the Hummer, a stone’s throw from the convention center.
A video on social media that Macias had recorded just before his arrest was played in court. In the video, the Trump supporter called on veterans, law enforcement, and others not to give up, get involved, and make sure every vote is counted.
But the Commonwealth has never provided any evidence of intent for bloodshed or violence.
“It would have been a very different case if there were indications of planned mass shootings,” Asst said. District Attorney Andrew Wellbrock.
The judge ordered both men to refrain from any activity in the Capitol or he would despise them in court.
Both are expected in court later this month.
Macias and LaMotta are not the only ones in our area who authorities say are related to the Capitol riots.
Thomas Baranyi of Ewing, New Jersey was arrested Tuesday, almost a week after making international headlines for what he had seen.
Baranyi admitted in a TV interview that he was with a group of rioters who stormed the Capitol.
“The riot police came in and started leading us out with their sticks,” he said.
He told reporters that he was actually standing next to fellow rioter, Air Force veteran Ashli Babbitt, when she was shot and killed by Capitol Police in the building.
‘We had burst into the rooms inside and there was a young lady running through the windows. A number of police and secret services said ‘go back, go down and get out of the way’. She didn’t listen to the call and as we ran to grab people and pull them back, they shot her in the neck, ”said Baranyi.
Federal authorities used the TV interview as evidence in court. Baranyi has been charged with disorderly conduct and violent access to a restricted building. He was released on $ 100,000 bail.
When Baranyi left the chaotic scene last Wednesday, he told reporters he was not happy with the election results, describing how he broke the Capitol.
“We ripped through the scaffolding, threw flash bags and tear gas, and blitzed our way through all the rooms. We just tried to get in Congress or whoever we could get in and told them we needed some sort of investigation into this,” Baranyi said.
Seven SEPTA officers are under investigation in Philadelphia after attending the rally for President Donald Trump that preceded the deadly riot, Action News has learned.
SEPTA Transit Police Chief Thomas J. Nestel III confirmed that the investigation is to determine whether the officers engaged in criminal behavior or violated department policy, and not whether they attended the protest.
“It’s their first amendment right. They can do that if they choose, but what we are concerned about is whether they were involved in the criminal activity,” Nestel said.
The Philadelphia Police Department’s Office of Internal Affairs is investigating whether a detective was involved in the riot.
Action News discovered earlier this week that a detective had reportedly attended the rally in support of President Trump that preceded the uprising.
Philadelphia Police issued a statement saying, “We are aware of social media reports claiming that a Philadelphia Police Department detective may have been present at the events in Washington, DC on Jan. 6. There is an IAB investigation was opened to determine if there is a PPD. Policies have been violated by the investigator, and whether they participated in illegal activities while present. The assignment of the investigator has been changed pending the outcome of the investigation. “
Philadelphia Police continues to monitor potential threats to this area pending the presidential inauguration.
They are expected to provide more details on their security efforts on Thursday afternoon and be willing to bring additional backup if needed.
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