Derek Gunby was at the Capitol to attend the Stop the Steal rally. He says he walked into the Capitol with the crowd and that he thought it was okay because police weren’t stopping him. There is no evidence he acted violently.
Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.
- First Name(s): Derek
- Last Name(s): Gunby
- Case Number: 1:21-cr4-626
- Arrest Location: Anderson, SC
- Judge: G. Michael Harvey
- Judge: Paul Friedman
- Entry Last Updated: 03/07/2024
- Date Docket Downloaded: 04/20/2022
- Currently Incarcerated: No
- Support Derek Gunby: Click here to help cover Derek's legal and living expenses
Charges
Obstruction of an Official Proceeding (1) Entering and Remaining in a Restricted Building or Grounds, (2) Disorderly and Disruptive Conduct in a Restricted Grounds, (3) Disorderly Conduct in a Capitol Building. (4) Parading, Demonstrating, or Picketing in a Capitol Building (5)
Case Status
Derek Gunby was arrested on 8/12/21 and first appeared in court on 8/18/21. On 08/18/21, he was released on personal recognizance bond. On 10/28/21, he plead not guilty to all counts. Superseding indictment filed 8/30/23. After a jury trial ending on 11/13/23, he was found guilty of all counts. The court ordered his sentencing to be put on hold until the US Supreme Court hears US v Fischer.
USA Attorney
Christopher Amore
Christopher Amore
DOJ-USAO
District of New Jersey
970 Broad Street
Ste 700
Newark, NJ 07102
973-645-2757
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant U.S. Attorney
USA Attorney
Kyle M. McWaters
D.C. Bar No. 241625
Assistant United States Attorneys
601 D Street NW Washington, DC 20850
Phone- (202)-252-6983
Email- [email protected]
Derek Gunby's Mailing Address
NA-Released on personal recognizance.
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
- Derek Gunby Docket Sheet as of 04/20/22
- Updates-to-Docket-11.7.21
- Docket-Download-10.6.21
- #1-SEALED COMPLAINT as to DEREK COOPER GUNBY
- #3-MOTION to Seal Case by USA as to DEREK COOPER GUNBY.
- #4-ORDER granting 3 Motion to Seal Case as to DEREK COOPER GUNBY
- #5 Rule 5(c)(3) Documents Received as to DEREK COOPER GUNBY from US District Court for the District of South Carolina Case Number 8:21-cr-479 (bb) [1:21-mj-00508-GMH]
- #8-NOTICE OF ATTORNEY APPEARANCE
- #9 Arrest Warrant, dated 6/29/2021, returned executed in the U.S. District Court for the District of Columbia on 8/10/2021 as to Defendant DEREK COOPER GUNBY. (kk) Modified execution date on 8/24/2021 (zltp). [1:21-mj-00508-GMH]
- #10-ORDER Setting Conditions of Bond
- #12-Unopposed MOTION for Protective Order by USA as to DEREK COOPER GUNBY.
- #13-PROTECTIVE ORDER setting forth procedures for handling confidential material; allowing designated material to be filed under seal as to DEREK COOPER GUNBY
- #14-INFORMATION as to DEREK COOPER GUNBY
- #18-MOTION to Travel by DEREK COOPER GUNBY.
- #19-NOTICE of Filing of Discovery Status Memos by USA as to DEREK COOPER GUNBY
- #20-ORDER as to DEREK COOPER GUNBY
- #21-STATUS REPORT Regarding Discovery as of November 5, 2021 by USA as to DEREK COOPER GUNBY
- #22-Unopposed MOTION for Disclosure of Items Protected by Fed. R. Crim. P. 6(e) and Sealed Materials by USA as to DEREK COOPER GUNBY_
- #23-OR~1
- #25-STATUS REPORT Regarding Discovery as of February 9, 2022 by USA as to DEREK COOPER GUNBY
- #26-NOTICE OF ATTORNEY APPEARANCE
- #27-MOTION to Withdraw as Attorney by Lora Blanchard. by DEREK COOPER GUNBY_
- #31 Joint STATUS REPORT REGARDING PRE-TRIAL SCHEDULE by USA as to DEREK COOPER GUNBY
- #32 ORDER as to DEREK COOPER GUNBY setting forth the schedule for pretrial proceedings. See Order for details. Signed by Judge Paul L. Friedman on September 9, 2022.
- #33 STATUS REPORT REGARDING CHOICE OF TRIAL by DEREK COOPER GUNBY
- #35 MOTION to Dismiss Case ON FIRST AMENDMENT GROUNDS by DEREK COOPER GUNBY.
- #36 MOTION to Change Venue TO DISTRICT OF SOUTH CAROLINA, GREENVILLE DIVISION by DEREK COOPER GUNBY.
- #37 MOTION to Dismiss Count ONE OF TWO DISORDERLY CONDUCT COUNTS DUE TO MULTIPLICITY by DEREK COOPER GUNBY.
- #38 MOTION to Dismiss Case THE INFORMATION FOR FAILURE TO STATE A CLAIM by DEREK COOPER GUNBY.
- #39 NOTICE OF ATTORNEY APPEARANCE Kyle Moran McWaters appearing for USA.
- #40 RESPONSE by USA as to DEREK COOPER GUNBY re 38 MOTION to Dismiss Case THE INFORMATION FOR FAILURE TO STATE A CLAIM
- #41 RESPONSE by USA as to DEREK COOPER GUNBY re 35 MOTION to Dismiss Case ON FIRST AMENDMENT GROUNDS
- #42 RESPONSE by USA as to DEREK COOPER GUNBY re 37 MOTION to Dismiss Count ONE OF TWO DISORDERLY CONDUCT COUNTS DUE TO MULTIPLICITY
- #43 RESPONSE by USA as to DEREK COOPER GUNBY re 36 MOTION to Change Venue TO DISTRICT OF SOUTH CAROLINA, GREENVILLE DIVISION
- #44 MOTION for Extension of Time to File Response/Reply TO FILE MEMORANDA IN REPLY TO UNITED STATES OPPOSITIONS by DEREK COOPER GUNBY.
- #45 REPLY TO OPPOSITION to Motion by DEREK COOPER GUNBY re #38 MOTION to Dismiss Case THE INFORMATION FOR FAILURE TO STATE A CLAIM
- #46 REPLY TO OPPOSITION to Motion by DEREK COOPER GUNBY re #36 MOTION to Change Venue TO DISTRICT OF SOUTH CAROLINA, GREENVILLE DIVISION
- #47 REPLY TO OPPOSITION to Motion by DEREK COOPER GUNBY re #35 MOTION to Dismiss Case ON FIRST AMENDMENT GROUNDS
- #48 REPLY TO OPPOSITION to Motion by DEREK COOPER GUNBY re 37 MOTION to Dismiss Count ONE OF TWO DISORDERLY CONDUCT COUNTS DUE TO MULTIPLICITY
- #49-Joint STATUS REPORT AND MOTION TO EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT by USA as to DEREK COOPER GUNBY
- #51-AMENDED SCHEDULING ORDER as to DEREK COOPER GUNBY
- #52-Joint STATUS REPORT REGARDING ORAL ARGUMENT by USA as to DEREK COOPER GUNBY
- #53-SECOND AMENDED SCHEDULING ORDER as to DEREK COOPER GUNBY
- #54-NOTICE OF WITHDRAWAL OF APPEARANCE by USA as to DEREK COOPER GUNBY
- #55-ORDER as to DEREK COOPER GUNBY regarding the final pretrial conference and trial schedule
- #56-MOTION in Limine DEFENDANT GUNBYS MOTION IN LIMINE TO PRECLUDE THE GOVERNMENTS RAINDROP THEORY by DEREK COOPER GUNBY
- #57-OPINION AND ORDER as to DEREK COOPER GUNBY
- #58-MOTION DEFENDANT GUNBYS UNOPPOSED MOTION AND NOTICE OF ELECTION TO BE TRIED BY JURY AFTER PREVIOUSLY INDICATING AN INTENT TO WAIVE TRIAL BY JURY by DEREK COOPER GUNBY
- #59-NOTICE OF ATTORNEY APPEARANCE Shanai Watson appearing for USA
- #60-MOTION in Limine Re_ USCP Camera Map Positions by USA as to DEREK COOPER GUNBY
- #61-MOTION in Limine Re_ Cross-Examination of U.S. Secret Service Witness by USA as to DEREK COOPER GUNBY
- #62-MOTION in Limine Re_ Precluding Improper Arguments by USA as to DEREK COOPER GUNBY_
- #63-THIRD AMENDED SCHEDULING ORDER
- #64-OPINION AND ORDER as to DEREK COOPER GUNBY
- #65-NO~1
- #66-RESPONSE by USA as to DEREK COOPER GUNBY re 65 Notice (Other)
- #67-ORDER as to DEREK COOPER GUNBY regarding the September 20, 2023 hearing
- #68-MEMORANDUM OPINION AND ORDER as to DEREK COOPER GUNBY
- #69-SUPERSEDING INDICTMENT as to DEREK COOPER GUNBY
- #71-MOTION for Extension of Time to File Response
- #72-RESPONSE by DEREK COOPER GUNBY re 62 MOTION in Limine Re_ Precluding Improper Arguments
- #73-RESPONSE by DEREK COOPER GUNBY re 61 MOTION in Limine Re_ Cross-Examination of U.S. Secret Service Witness
- #74-RESPONSE by DEREK COOPER GUNBY re 60 MOTION in Limine Re_ USCP Camera Map Positions
- #76-Joint STATUS REPORT by USA as to DEREK COOPER GUNBY
- #77-FOURTH AMENDED SCHEDULING ORDER as to DEREK COOPER GUNBY
- #78-MOTION to Dismiss Count MR. GUNBYS MOTION TO DISMISS COUNT ONE_OF THE INDICTMENT by DEREK COOPER GUNBY
- #79-MO~1
- #80-REPLY TO OPPOSITION to Motion by USA as to DEREK COOPER GUNBY re [62] MOTION in Limine Re_ Precluding Improper Arguments
- #81-RE~1
- #82-OR~1
- #83-MEMORANDUM OPINION AND ORDER as to DEREK COOPER GUNBY
- #84-RESPONSE by USA as to DEREK COOPER GUNBY re [78] MOTION to Dismiss Count MR. GUNBYS MOTION TO DISMISS COUNT ONE_OF THE INDICTMENT
- #85-EXHIBIT LIST by USA as to DEREK COOPER GUNBY
- #86-EXHIBIT LIST by DEREK COOPER GUNBY
- #88-Proposed Jury Instructions by USA as to DEREK COOPER GUNBY
- #89-PROPOSED VERDICT FORM as to DEREK COOPER GUNBY
- #90-Proposed Voir Dire by USA as to DEREK COOPER GUNBY
- #91-TRIAL BRIEF by USA as to DEREK COOPER GUNBY
- #92-EXHIBIT LIST by USA as to DEREK COOPER GUNBY
- #93-Proposed Jury Instructions by DEREK COOPER GUNBY
- #94-MOTION for Leave to Appear Pro Hac Vice
- #96-Proposed Jury Instructions by DEREK COOPER GUNBY
- #98-NOTICE OF ATTORNEY APPEARANCE Samuel White appearing for USA
- #99-RESPONSE by USA as to DEREK COOPER GUNBY re 97 Trial Brief
- #100-NOTICE OF ATTORNEY APPEARANCE_ Roger Roots appearing for DEREK COOPER GUNBY
- #101-M~1
- #104-MOTION for Rule DEFENDANT GUNBYS RULE 29 MOTION FOR ACQUITTAL by DEREK COOPER GUNBY
- #107-Jury Notes (2) as to DEREK COOPER GUNBY
- #108-ATTORNEYS' ACKNOWLEDGMENT OF TRIAL EXHIBITS as to DEREK COOPER GUNBY
- #110- Jury Note (1) as to DEREK COOPER GUNBY
- #112-VERDICT FORM as to DEREK COOPER GUNBY
- #114-Jury Instructions as to DEREK COOPER GUNBY
- #124-M~1
- #125-R~1
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