Benjamin Cole is accused by the government of entering the Lower West Tunnel and engaging with police. He was allegedly in the third or fourth row back from the police line.
Below is an excerpt from Cole’s Facebook page:
“I just want the FBI agent that’s still investing [sic] me know . . . . . most anyone
you call knows absolutely nothing about what I did in January of 2021. I also did
nothing wrong while I was where I was. I would further like to add that you are
wasting tax payer dollars by continuing to investigate something that will lead you
to absolutely nothing.”
Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.
- First Name(s): Benjamin
- Last Name(s): Cole
- Case Number: 23-cr-113
- Arrest Location: Louisville, KY
- Judge: G. Michael Harvey
- Judge: Trevor McFadden
- Entry Last Updated: 12/27/2023
- Date Docket Downloaded: 11/22/2022
- Currently Incarcerated: No
- Support: We are not aware of any donation campaigns to help cover Benjamin Cole's legal and living expenses. If one is in place, please contact us with the details. If one is not yet in place, consider creating a donation campaign with GiveSendGo, and then send that link to us.
Charges
Civil Disorder (1)
Case Status
Arrested 8/24/22. Conditions of release were set on 8/30/22 (personal recognizance). On 4/5/23, the Magistrate case for Cole was closed, he was severed from the codefendants and was charged via new Information (doc #71). Plea Agreement Hearing held 5/30/23, entered a plea of guilty as to Count 1. On 10/3/2023, Cole was sentenced to 48 months of probation, which include 3 months of location monitoring. He was ordered to complete 40 hours of community service within 12 months. He was also ordered to pay a $100 special assessment and restitution in the amount of $2,000.
Defense Lawyer
Angela M. Rea
Defense Lawyer
Joseph Flynn
Defense Lawyer
Michael LaFay
USA Attorney
Fred Yette (for Melanie Alsworth)
Melanie L. Alsworth
AR Bar No. 2002095
Trial Attorney
United States Department of Justice
Criminal Division
145 N. Street NE, East Wing
Washington, DC 20530
Phone-(202) 598-2285
Email [email protected]
USA Attorney
Holly F. Grosshans
Assistant United States Attorney
D.C. Bar No. 90000361
U.S. Attorney’s Office for the District of Columbia
601 D Street, N.W.
Washington, D.C. 20530
Phone: (202) 252-6737
Email: [email protected]
Case Documents
- #5 REDACTED DOCUMENT (Complaint) by USA as to BENJAMIN COLE, BRIAN PRELLER, JOHN EDWARD CROWLEY, JONATHAN ROCKHOLT, TYLER QUINTIN BENSCH to [1] Complaint
- #5 a) Statement of Facts
- #6 REDACTED DOCUMENT (Executed Warrant) by USA as to BENJAMIN COLE
- #31 NOTICE OF ATTORNEY APPEARANCE Melanie Alsworth appearing for USA.
- #32 ORDER Setting Conditions of Release as to BENJAMIN COLE (1) Personal Recognizance. Signed by Magistrate Judge Zia M. Faruqui on 8/30/2022.
- #37 NOTICE OF ATTORNEY APPEARANCE: Angela M. Rea appearing for BENJAMIN COLE
- #38 Rule 5(c)(3) Documents Received as to BENJAMIN COLE from United States District Court for the Western District of Kentucky (Louisville) Case Number 3:22-mj-00507
- #39 NOTICE OF SUBSTITUTION OF COUNSEL as to USA. Attorney Grosshans, Holly Fugiel added
- #41 Unopposed MOTION for Leave to Appear Pro Hac Vice Joseph C. Flynn III for Defendant John Edward Crowley for Defendant John Edward Crowley Filing fee $ 100, receipt number DCDC-9613104. Fee Status: Fee Paid. by JONATHAN ROCKHOLT as to BENJAMIN COLE, BRIAN PRELLER, JOHN EDWARD CROWLEY, JONATHAN ROCKHOLT, TYLER QUINTIN BENSCH.
- #41 a) Declaration Declaration of Joseph C. Flynn III
- #42 Unopposed MOTION for Leave to Appear Pro Hac Vice Michael LaFay for Defendant John Edward Crowley for Defendant John Edward Crowley Filing fee $ 100, receipt number DCDC-9614573. Fee Status: Fee Paid. by JONATHAN ROCKHOLT as to BENJAMIN COLE, BRIAN PRELLER, JOHN EDWARD CROWLEY, JONATHAN ROCKHOLT, TYLER QUINTIN BENSCH.
- #42 a) Declaration Declaration of Michael LaFay
- #47 Consent MOTION to Continue Status Conference, Consent MOTION for Speedy Trial Time Exclusion by USA as to BENJAMIN COLE, BRIAN PRELLER, JOHN EDWARD CROWLEY, JONATHAN ROCKHOLT, TYLER QUINTIN BENSCH
- #48 ORDER granting [47] Motion to Continue Status hearing and Exclude time as to BENJAMIN COLE (1), BRIAN PRELLER (2), JOHN EDWARD CROWLEY (3), JONATHAN ROCKHOLT (4) and TYLER QUINTIN BENSCH (5). Set/Reset hearings as to BENJAMIN COLE (1), BRIAN PRELLER (2), JOHN EDWARD CROWLEY (3), JONATHAN ROCKHOLT (4) and TYLER QUINTIN BENSCH (5): Status hearing continued to 1/10/2023 at 1:00 PM by Telephonic/VTC before Magistrate Judge G. Michael Harvey. Signed by Magistrate Judge Moxila A. Upadhyaya on 10/31/2022
- #50-Unopposed MOTION for Protective Order Governing Discovery by USA as to BENJAMIN COLE, BRIAN PRELLER, JOHN EDWARD CROWLEY, JONATHAN ROCKHOLT, TYLER QUINTIN BENSCH
- #51-PROTECTIVE ORDER setting forth procedures for handling confidential material; allowing designated material to be filed under seal
- #52- Unopposed MOTION for Discovery to Disclose 6e and Sealed Materials by USA as to BENJAMIN COLE, BRIAN PRELLER, JOHN EDWARD CROWLEY, JONATHAN ROCKHOLT, TYLER QUINTIN BENSCH
- #53- Consent MOTION to Continue Status Conference and Exclude Time Under the Speedy Trial Act by USA as to BENJAMIN COLE, BRIAN PRELLER, JOHN EDWARD CROWLEY, JONATHAN ROCKHOLT, TYLER QUINTIN BENSCH
- #54-ORDER granting 53 Motion to Continue Status Hearing and Exclude Time as to BENJAMIN COLE (1), BRIAN PRELLER (2), JOHN EDWARD CROWLEY (3), JONATHAN ROCKHOLT (4) and TYLER QUINTIN BENSCH (5).
- #55-RESPONSE TO ORDER OF THE COURT by JONATHAN ROCKHOLT re 51 Protective Order
- #64-Consent MOTION to Continue Status Hearing, Consent MOTION for Speedy Trial Time Exclusion by USA as to BENJAMIN COLE
- #65-ORDER granting [64] Motion to Continue Status Hearing and Exclude Time as to BENJAMIN COLE
- #69-Consent MOTION to Continue Status Hearing, Consent MOTION for Speedy Trial Time Exclusion by USA as to TYLER QUINTIN BENSCH
- #70 ORDER granting [69] Motion to Continue Status Hearing and Exclude Time as to BENJAMIN COLE (1). Status hearing continued to 4/13/2023 at 1:00 PM by Telephonic/VTC before Magistrate Judge Moxila A. Upadhyaya. Signed by Magistrate Judge Zia M. Faruqui on 3/27/2023
- #71 INFORMATION as to BENJAMIN COLE (1) count(s) 1
- #73 Joint MOTION to Continue Arraignment and Plea Hearing, Joint MOTION for Speedy Trial Time Exclusion by USA as to BENJAMIN COLE
- #75 PLEA AGREEMENT as to BENJAMIN COLE
- #76 STATEMENT OF OFFENSE by USA, BENJAMIN COLE as to BENJAMIN COLE
- #77 WAIVER OF INDICTMENT by BENJAMIN COLE. Signed by Judge Trevor N. McFadden on 5/30/2023
- #78 WAIVER of Trial by Jury as to BENJAMIN COLE. Approved by Judge Trevor N. McFadden on 5/30/2023
- #89-JUDGMENT as to BENJAMIN COLE
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