Surveillance and photos show Moerschel was present at the Capitol on Jan. 6th. He attended with members of the Oathkeeper organization. It doesn’t appear that he engaged in violence. The following narrative was provided by his family:
“David Moerschel is a highly specialized medical worker and a trained crisis chaplain. On January 6, 2021, he climbed the steps towards the Capitol in the infamous “stack” in response to a call for help from the Oath Keeper medic. The medic reported that he had treated numerous people for injuries requiring hospitalization. To make matters worse, rioters were attacking the medics. The group of Oath Keepers was re-assigned from security to medical response. David was to assist the medic, while the other (non-medical) members were to create a perimeter around the working medics to protect them from rioters.
When David arrived at the top of the stairs, the doors to the Capitol were closed. A dense crowd had assembled, and he was looking for the injured. Before long, a cheer went up. He didn’t know why until people began yelling “Push, push!” The Capitol doors were opened from the inside. And a stadium stampede began. You go with the stampede or risk being trampled to death. The crowd pushed its way in to the Capitol. And the rest is history.
For his 11 minutes in the Capitol, David Moerschel has suffered immensely. He was found guilty of four serious crimes even though he never committed any act of violence, never shouted, never celebrated being in the Capitol (in fact, he left as soon as he could!). He never even thought of committing the crimes for which they managed to find him guilty.
He is scheduled for sentencing on June 1. But he is not leaving this unchallenged. Consider contributing to his legal challenge using the link below.”
Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.
- First Name(s): David
- Last Name(s): Moerschel
- Case Number: Case 2- 22-cr-0015
- Arrest Location: Ft. Myers, FL
- Judge: Amit Mehta
- Entry Last Updated: 05/27/2023
- Currently Incarcerated: No
- Support David Moerschel: Click here to help cover David's legal and living expenses
Charges
Seditious Conspiracy (1) Conspiracy to Obstruct an Official Proceeding (2) Obstruction of an Official Proceeding and Aiding and Abetting (3) Conspiracy to Prevent an Officer from Discharging Any Duties (4) Destruction of Government Property and Aiding and Abetting (5) Tampering with Documents or Proceedings (12)
Case Status
During an arraignment in this second case related to the Oathkeepers, Moerschel plead not guilty to all charges on 1/25/22. Second superseding indictment issued 6/22/22. He again plead not guilty to all charges. Jury selection took place between 12/6/22-12/9/22. His trial alongside defendants Minuta, Hackett, and Vallejo occurred on 12/20/23-1/20/23. He was found guilty of charges 1-4, and placed on home detention 1/23/23. A hearing to resolve sentencing issues occurs on 5/24/23 at 9 30 am in Courtroom 10.
USA Attorney
Kathryn Rakoczy
Kathryn Rakoczy
USAO-DC
555 Fourth St, NW, Washington, DC 20503
202 252 6928
[email protected]
LEAD ATTORNEY, ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney
Case Documents
- SUPERSEDING INDICTMENT as to ELMER STEWART RHODES, III, KELLY MEGGS . KENNETH HARRELSON, JESSICA WATKINS
- #1-SEALED INDICTMENT as to ELMER STEWART RHODES, III , KELLY MEGGS, KENNETH HARRELSON, JESSICA WATKINS
- #3-MOT~1
- #4-ORD~1
- #7-MOT~1
- #8-ORD~1
- #9-NOT~1
- #17-ENTERED IN ERROR.NOTICE OF ATTORNEY APPEARANCE
- #18-NOTICE OF ATTORNEY APPEARANCE
- #19-NOTICE OF ATTORNEY APPEARANCE
- #44-STATUS REPORT REGARDING DISCOVERY by USA as to ELMER STEWART RHODES, III, KELLY MEGGS, KENNETH HARRELSON, JESSICA WATKINS, JOSHUA JAMES, ROBERTO A. MINUTA,
- #64-OR~1
- #67-RESPONSE by USA as to ELMER STEWART RHODES, III, KELLY MEGGS, KENNETH HARRELSON, JESSICA WATKINS, JOSHUA JAMES, ROBERTO A. MINUTA, JOSEPH HACKETT, DAVID M
- #68-ORDER denying 65 Motion to Continue Deadline for Filing Rule 12(b) Motions and denying 66 Motion to Continue Trial. See the attached Order for additional details
- #94-MO~1
- #97-NOTICE to Join Motions of Co-Defendants re 84, 93, 94, and 95 by ELMER STEWART RHODES, III
- #99-NOTICE to Join Motions of Co-Defendants 82, 84, 93, 94, and 95 by ELMER STEWART RHODES, III
- #106-M~1
- #113-ORDER
- #120-RESPONSE by USA as to ELMER STEWART RHODES, III, KELLY MEGGS, KENNETH HARRELSON, JESSICA WATKINS, JOSHUA JAMES, ROBERTO A. MINUTA, JOSEPH HACKETT, DAVID MOERSCHEL, B
- #121-R~1
- #123-R~1
- #133-O~1
- #166-M~1
- #176-MEMORANDUM OPINION AND ORDER
- #187-N~1
- #194-MOTION to Change Venue, MOTION to Continue, MOTION for Joinder by ELMER STEWART RHODES, III
- #198-M~1
- #206-M~1
- #214-M~1
- #213-M~1
- #215-M~1
- #225-M~1
- #235-M~1
- #237-ORDER granting 235 Motion for Order to Unseal for Limited Purpose of Creating a Transcript
- #238-M~1
- #239-M~1
- #248-Memorandum in Opposition by USA as to ELMER STEWART RHODES, III, KELLY MEGGS, KENNETH HARRELSON, JESSICA WATKINS, JOSHUA JAMES, ROBERTO A. MINUTA, JOSEPH H
- #249-R~1
- #250-Memorandum in Opposition by USA as to ELMER STEWART RHODES, III, KELLY MEGGS, KENNETH HARRELSON, JESSICA WATKINS, ROBERTO A. MINUTA, JOSEPH HACKETT, DAVID MOER
- #251-Memorandum in Opposition by USA as to ELMER STEWART RHODES, III, KELLY MEGGS, KENNETH HARRELSON, JESSICA WATKINS, ROBERTO A. MINUTA, JOSEPH HACKETT, DAVID MOER
- #252-MOTION to Exclude Defense Expert Testimony by USA as to ELMER STEWART RHODES, III, KELLY MEGGS, KENNETH HARRELSON, JESSICA WATKINS, JOSHUA JAMES, ROBERTO A. MINUTA
- #255-R~1
- #257-R~1
- #260-R~1
- #271-M~1
- #272-R~1
- #273-M~1
- #280-Joint MOTION in Limine to bar Zello Communications by KELLY MEGGS as to ELMER STEWART RHODES, III, KELLY MEGGS, KENNETH HARRELSON, JESSICA WATKINS
- #286-AMENDED PRETRIAL ORDER
- #288-OMNIBUS ORDER
- #289-NOTICE OF ATTORNEY APPEARANCE_ Edward L. Tarpley, Jr appearing for ELMER STEWART RHODES, III
- #290-MOTION to Substitute Attorney, MOTION to Continue CONTINUE TRIAL by ELMER STEWART RHODES, III
- #292-Memorandum in Opposition by USA as to ELMER STEWART RHODES, III, KELLY MEGGS, KENNETH HARRELSON, JESSICA WATKINS, THOMAS EDWARD CALDWELL
- #332-M~1
- #363-Second MOTION in Limine Regarding Hand Grenades by KENNETH HARRELSON as to ELMER STEWART RHODES, III
- #366-Unopposed MOTION for Extension of Time to Provide Supplemental 404(b) Notice by USA as to ROBERTO A. MINUTA, JOSEPH HACKETT, DAVID MOERSCHEL, EDWARD VALLEJO
- #374-N~1
- #377-ORDER as to defendants ROBERTO A. MINUTA, JOSEPH HACKETT, DAVID MOERSCHEL, and EDWARD VALLEJO
- #392-Memorandum in Opposition by USA as to ROBERTO A. MINUTA, JOSEPH HACKETT, DAVID MOERSCHEL, EDWARD VALLEJO
- #415-O~1
- #444-N~1
- #448- Jury Note as to ROBERTO A. MINUTA,JOSEPH HACKETT, DAVID MOERSCHEL, and EDWARD VALLEJO
- #450-JURY VERDICT as to ROBERTO A. MINUTA, JOSEPH HACKETT, DAVID MOERSCHEL, and EDWARD VALLEJO
- #457-FINAL JURY INSTRUCTIONS as to Defendants ROBERTO A. MINUTA, JOSEPH HACKETT, DAVID MOERSCHEL, EDWARD VALLEJO
- #458-FINAL VERDICT FORM as to Defendants ROBERTO A. MINUTA, JOSEPH HACKETT, DAVID MOERSCHEL, EDWARD VALLEJO
- #459-N~1
- #467-O~1
- #468- AMENDED OMNIBUS ORDER FOR REMAINING POST-TRIAL FILINGS AND PROCEEDINGS as to ELMER STEWART RHODES, III, KELLY MEGGS, KENNETH HARRELSON, JESSICA WATKINS, ROBERTO A. MINUTA, JOSEPH HACKETT, DAVID MOERSCHEL, THOMAS EDWARD CALDWELL, and EDWARD VALLEJO. Please see attached Order for amended schedule. Signed by Judge Amit P. Mehta on 02/02/2023
- #487-U~1
- #512-U~1
- #517-Memorandum in Opposition by USA as to ROBERTO A. MINUTA, JOSEPH HACKETT, DAVID MOERSCHEL, EDWARD VALLEJO
- #519- ORDER denying 496 Motion to Continue Sentencing; denying 498 Motion to Continue as to KELLY MEGGS; denying 482 Motion to Continue as to ROBERTO A. MINUTA
- #538-RESPONSE by USA as to JOSEPH HACKETT, THOMAS EDWARD CALDWELL, EDWARD VALLEJO
- #540-U~1
- #565 SENTENCING MEMORANDUM by USA as to ELMER STEWART RHODES, III, KELLY MEGGS, KENNETH HARRELSON, JESSICA WATKINS, ROBERTO A. MINUTA, JOSEPH HACKETT, DAVID MOERSCHEL, THOMAS EDWARD CALDWELL, EDWARD VALLEJO
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