Preller and his co-defendants were present at the Lower West Terrace and allegedly went into the tunnel.
They are accused of taking part in the “heave-ho” movement to move the crowd closer into confrontation with police.
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): Preller
- Case Number: 23-cr-00045
- Arrest Location: Hardwick, VT
- Judge: Zia M. Faruqui
- Judge: G. Michael Harvey
- Judge: Trevor McFadden
- Entry Last Updated: 01/04/2024
- Date Docket Downloaded: 11/22/2022
- Currently Incarcerated: No
- Support: We are not aware of any donation campaigns to help cover Brian Preller'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) Entering and Remaining in a Restricted Building or Grounds with a Deadly or Dangerous Weapon (4) Disorderly and Disruptive Conduct in a Restricted Building or Grounds with a Deadly or Dangerous Weapon (7) Engaging in Physical Violence in a Restricted Building or Grounds with a Deadly or Dangerous Weapon (10) Impeding Passage Through the Capitol Grounds or Buildings (12)
Case Status
Arrested 8/24/22. Conditions of release were set on 8/30/22 (personal recognizance). On 2/10/23, the Magistrate case as to Brian Preller and John Crowley was closed, they were merged with new codefendant Joseph Pavlik. The three were charged via Indictment (doc #55). Plea Agreement Hearing held 6/16/23, Preller entered a plea of guilty to Count 1. On 9/13/2023, he was sentenced to 60 months of probation, and ordered to complete 40 hours of community service within the next year. In addition, he was required to pay a $100 special assessment and restitution in the amount of $2,000.
Defense Lawyer
Mary Margret Nerino
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]
USA Attorney
Joshua Ontell
VA Bar No. 92444
Assistant United States Attorney
U.S. Attorney’s Office for the District of Columbia
601 D Street, N.W Washington, D.C.20001
Phone: (202) 252-7706
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
- #7 REDACTED DOCUMENT (Executed Warrant) by USA as to BRIAN PRELLER
- #20 NOTICE OF ATTORNEY APPEARANCE: Mary Margret Nerino appearing for BRIAN PRELLER
- #29 Rule 5(c)(3) Documents Received as to BRIAN PRELLER from United States District Court for the District of Vermont (Rutland) Case Number 5:22-cr-00096
- #31 NOTICE OF ATTORNEY APPEARANCE Melanie Alsworth appearing for USA.
- #33 ORDER Setting Conditions of Release as to BRIAN PRELLER (2) Personal Recognizance. Signed by Magistrate Judge Zia M. Faruqui on 8/30/2022.
- #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 as to BENJAMIN COLE (1), BRIAN PRELLER (2), JOHN EDWARD CROWLEY (3), JONATHAN ROCKHOLT (4), TYLER QUINTIN BENSCH (5)
- #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-INDICTMENT as to BRIAN PRELLER (1) count(s) 1, 4, 7, 10, 12, JOHN EDWARD CROWLEY (2) count(s) 1, 2, 3, 6, 9, 12, JOSEPH PAVLIK (3) count(s) 1, 5, 8, 11, 12.
- #71 PLEA AGREEMENT as to BRIAN PRELLER
- #72 STATEMENT OF OFFENSE by USA, BRIAN PRELLER (1) as to BRIAN PRELLER
- #73 WAIVER of Trial by Jury as to BRIAN PRELLER (1). Approved by Judge Trevor N. McFadden on 6/16/2023
- #76 NOTICE OF ATTORNEY APPEARANCE Joshua Ontell appearing for USA
- #88-Unopposed MOTION for Extension of Time to File Sentencing Memorandum by BRIAN PRELLER
- #89-NOTICE OF SUBSTITUTION OF COUNSEL as to USA. Attorney Blackwell, Jennifer Leigh added
- #91-STIPULATION of the Parties for USA v. Crowley Trial by USA
- #92-SENTENCING MEMORANDUM by BRIAN PRELLER
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