Photo and video footage shows McCreary was present at the Capitol on Jan. 6th.
He attended the rally and followed others, attempting to document people who were allegedly committing crimes and escalating violence. There is no evidence he engaged in violent activity.
Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.
- First Name(s): Brian
- Last Name(s): McCreary
- Case Number: 1:21-cr-125
- Arrest Location: Springfield, MA
- Judge: Beryl Howell
- Entry Last Updated: 04/14/2022
- Date Docket Downloaded: 04/13/2022
- Currently Incarcerated: No
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Charges
Obstruction of an Official Proceeding; Entering and Remaining in a Restricted Building or Grounds (1) Disorderly and Disruptive Conduct in a Restricted Building or Grounds (2) Disorderly Conduct in a Capitol Building; Parading, Demonstrating, or Picketing in a Capitol Building (3)
Case Status
McCreary was arrested on 2/4/21, conditions of release set on 2/10/2021. Indicted on 2/17. He pleaded not guilty on all charges. McCreary later plead guilty to count 2. Sentencing is set for 1/14/22. Sentencing held on 4/1/2022, sentenced on Count 2 of the Indictment to serve a term of thirty-six (36) months of Probation with conditions of intermittent confinement and home detention; a special assessment of $25.00, a fine of $2,500.00, and restitution to the victim, Architect of the Capitol, in the amount of $500.00
USA Attorney
Brandon Regan
Brandon K. Regan
DOJ-USAO-Federal Major Crimes
555 4th ST, N.W., Washington, DC 20530
202 252 [email protected]
LEAD ATTORNEY-ATTORNEY TO BE NOTICED-Designation: US Assistant Attorney
Brian McCreary's Mailing Address
NA-Released.
Please note: Prisoner mail is reviewed by guards. Please keep messages of encouragement to a general and/or religious nature. For example, do not mention the events of Jan. 6th or other current events under criminal investigation.
Case Documents
- Brian McCreary Docket Sheet as of 04/13/2022
- Docket Download-7.23.21
- #1-SEALED COMPLAINT as to BRIAN MCCREARY
- #3-MOTION to Seal Case by USA as to BRIAN MCCREARY.
- #4-ORDER granting 3 Motion to Seal Case as to BRIAN MCCREARY
- #7-ORDER Setting Conditions of Release as to BRIAN MCCREARY
- #8-INDICTMENT as to BRIAN MCCREARY
- #10-STANDING ORDER as to BRIAN MCCREARY.
- #12-Arrest Warrant, dated 2.3.2021, returned executed in the U.S. District Court for the District of Columbia on 2.10.2021 as to Defendant BRIAN MCCREARY
- #13-Unopposed MOTION to Continue And To Exclude Time Under the Speedy Trial Act, MOTION to Exclude by USA as to BRIAN MCCREARY.
- #14-Consent MOTION for Protective Order by USA as to BRIAN MCCREARY.
- #15-PROTECTIVE ORDER as to BRIAN MCCREARY
- #17-Unopposed MOTION to Produce , Unopposed MOTION for Order Disclose Items Protected by Federal Rule of Criminal Procedure 6(e)
- #18-Unopposed MOTION to Continue and Joint Status Report, by USA as to BRIAN MCCREARY.
- #21-NOTICE OF ATTORNEY APPEARANCE- Richard D. Heideman appearing for BRIAN MCCREARY
- #22-Consent MOTION for Leave to Appear Pro Hac Vice Jeffrey Denner
- #24-NOTICE of United States Memorandum Regarding Status of Discovery by USA as to BRIAN MCCREARY
- #25-NOTICE OF ATTORNEY APPEARANCE-Jeffrey A. Denner appearing for BRIAN MCCREARY
- #27-Unopposed MOTION to Continue and Joint Status Report by USA as to BRIAN MCCREARY
- #30-NOTICE of Report and Position Regarding Release of Video Evidence re Brian McCreary Plea by USA as to BRIAN MCCREARY
- #31-PLEA AGREEMENT as to BRIAN MCCREARY
- #32-STATEMENT OF OFFENSE by USA as to BRIAN MCCREARY
- #33-WAIVER of Trial by Jury as to BRIAN MCCREARY
- #35-NOTICE of Memorandum Regarding Status of Discovery as of November 5, 2021 by USA
- #39-SENTENCING MEMORANDUM by USA as to BRIAN MCCREARY
- #42- NOTICE of Government Report Regarding Defendant's Conduct in CCTV Footage Submitted to the Court in Aid of Sentencing by USA
- #46- JUDGMENT as to BRIAN MCCREARY
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