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: 05/27/2023
- Date Docket Downloaded: 04/20/2022
- Currently Incarcerated: No
- Support Derek Gunby: Click here to help cover Derek's legal and living expenses
Charges
Knowingly Entering or Remaining in any Restricted Building or Grounds (1) Disorderly and Disruptive Conduct in a Restricted Building or Grounds, (2) Violent Entry and Disorderly Conduct on Capitol Grounds, (3) Parading, Demonstrating, or Picketing in a Capitol Building. (4)
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. The bench trial set for December 12, 2022 was vacated. There is a final pretrial conference taking place on 9/20/23 at 10 am in Courtroom 29. Bench trial rescheduled for 10/2/23 at 10 am in Courtroom 29.
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
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