Gardner is pictured on film attempting to break an outside window near the West Terrace of the Capitol.
The enters through the broken window, changes clothes, and urges others to come in. He is later seen spraying a liquid at police in the Lower West Tunnel from a distance.
Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.
- First Name(s): Mitchell Todd
- Last Name(s): Gardner Ii
- Case Number: 21-cr-00622
- Arrest Location: Tampa,
- Judge: Zia Faruqui
- Judge: G. Michael Harvey
- Entry Last Updated: 06/25/2023
- Date Docket Downloaded: 08/11/2021
- Currently Incarcerated: No
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Charges
Civil Disorder (1) Obstruction of an Official Proceeding (2) Assaulting, Resisting, or Impeding Certain Officers Using a Dangerous Weapon (3) Destruction of Government Property (4) Entering and Remaining in a Restricted Building or Grounds (5) Disorderly and Disruptive Conduct in a Restricted Building or Grounds (6) Engaging in Physical Violence in a Restricted Building or Grounds (7) Disorderly Conduct in a Capitol Building (8) Act of Physical Violence in the Capitol Building or Grounds (9) Parading, Demonstrating, or Picketing in a Capitol Building (10)
Case Status
Gardner was arrested on 6/24/21. He initially appeared in court on 7/8 and ordered released. Indictment 10/8/21. On 10/19, he plead not guilty. On 6/27/22, he plead guilty to counts 1-3. Sentencing held on 3/16/2023, sentenced to concurrent terms of 55 months of incarceration and 36 months of supervised release.
Defense Lawyer
Farheena Siddiqui
USA Attorney
Frances Elizabeth Blake
Frances Elizabeth Blake
US ATTORNEY'S OFFICE,
1701 W Highway 83, #600, McAllen, TX 78572
956 618 8010, [email protected]
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, Designation: US Assistant Attorney
USA Attorney
Ashley Akers
Trial Attorney, Detailee MO Bar No. 69601 1100 L Street NW Washington, DC 20005
(202) 353-0521
[email protected]
USA Attorney
Jacqueline Schesnol
Trial Attorney Capitol Riot Detailee Two Renaissance Square 40 N. Central Ave., Suite 1800 Phoenix, AZ 85004-4449
(602) 514-7500
[email protected]
Case Documents
- Docket Download-8.26.21
- #1 Complaint and Affidavit
- #3-MOTION to Seal Case by USA as to MITCHELL TODD GARDNER II.
- #4-ORDER granting 3 Motion to Seal Case as to MITCHELL TODD GARDNER II
- #5-Arrest Warrant Returned Executed on 6.25.2021 in Tampa, FL as to MITCHELL TODD GARDNER II
- #6-MEMORANDUM in Support of Pretrial Detention by USA as to MITCHELL TODD GARDNER II
- #7-NOTICE OF ATTORNEY APPEARANCE- Rammy George Barbari appearing for MITCHELL TODD GARDNER II
- #9-NOTICE OF ATTORNEY APPEARANCE- David Barry Benowitz appearing for MITCHELL TODD GARDNER II
- #10-ORDER for Release as to MITCHELL TODD GARDNER II.
- #11-ORDER Setting Conditions of Release as to MITCHELL TODD GARDNER II
- #12 Unopposed MOTION to Modify Conditions of Release by MITCHELL TODD GARDNER II. [1:21-mj-00488-RMM]
- #13 Unopposed MOTION to Continue by USA as to MITCHELL TODD GARDNER
- #15 ORDER Granting 13 Unopposed MOTION to Continue by USA as to MITCHELL TODD GARDNER II
- #16 NOTICE OF ATTORNEY APPEARANCE Jacqueline N. Schesnol appearing for USA.
- #17-INDICTMENT as to MITCHELL TODD GARDNER II
- #20-MOTION for Order to Disclose 6(e) Protected and Sealed Materials by USA as to MITCHELL TODD GARDNER, II
- #21-ORDER
- #22-NOTICE of Status of Discovery as of October 21, 2021 by USA as to MITCHELL TODD GARDNER, II
- #23-NOTICE of Status of Discovery as of September 14, 2021 by USA as to MITCHELL TODD GARDNER, II
- #24-NOTICE of Status of Discovery as of July 12, 2021 by USA as to MITCHELL TODD GARDNER, II
- #25-Unopposed MOTION for Protective Order by USA as to MITCHELL TODD GARDNER, II
- #26 ORDER granting 25 Motion for Protective Order and entering Protective Order Governing Discovery as to MITCHELL TODD GARDNER II. See attached Order for details. Signed by Judge Amit P. Mehta on 10/28/2021
- #27 NOTICE of Status of Discovery as of November 5, 2021 by USA as to MITCHELL TODD GARDNER, II
- #29-Joint MOTION to Continue Status Conference by USA as to MITCHELL TODD GARDNER, II
- #31-NOTICE of Status of Discovery as of February 9, 2022 by USA as to MITCHELL TODD GARDNER, II
- #32-Rule 5(c)(3) Documents Received as to MITCHELL TODD GARDNER, II from US District Court Middle District of Florida
- #35-MOTION to Strike Portions of the Indictment by USA as to MITCHELL TODD GARDNER, II
- #37-PRETRIAL ORDER as to MITCHELL TODD GARDNER, II
- #38-MOTION for Extension of Time to File Notice of Expert Witnesses by USA as to MITCHELL TODD GARDNER, II_
- #39-NOTICE OF ATTORNEY APPEARANCE Ashley Akers appearing for USA
- #40-Consent MOTION for Extension of Time to Extend Pretrial Motions Deadline by MITCHELL TODD GARDNER, II
- #41-ORDER granting [40] Defendant's Consent Motion to Extend Pretrial Motions Deadline as to MITCHELL TODD GARDNER, II
- #42-MOTION for Leave to File Motion to Late File Pretrial Motions by One Day by MITCHELL TODD GARDNER, II
- #43-Consent MOTION for Extension of Time to Motion to Extend the Pretrial Order's June 17 Filing Deadlines by MITCHELL TODD GARDNER, II
- #44-MOTION for Extension of Time to File Pretrial Motions by USA as to MITCHELL TODD GARDNER, II
- #45-ORDER granting [44] Motion to Extend Pretrial Motions Deadline as to MITCHELL TODD GARDNER II
- #46-MO~1
- #47-RESPONSE by USA as to MITCHELL TODD GARDNER, II
- #48-PLEA AGREEMENT as to MITCHELL TODD GARDNER, II
- #49-STATEMENT OF OFFENSE by USA as to MITCHELL TODD GARDNER, II
- #50-WAIVER of Trial by Jury as to MITCHELL TODD GARDNER, II
- #54-Unopposed MOTION to Continue Sentencing and Filing Deadlines by MITCHELL TODD GARDNER, II
- #55 NOTICE OF SUBSTITUTION OF COUNSEL Attorney Siddiqui, Farheena added
- #56 First MOTION to Continue Sentencing by MITCHELL TODD GARDNER, II.
- #57 Sentencing Memorandum
- #58 GOVERNMENT’S NOTICE OF FILING OF EXHIBITS PURSUANTTO LOCAL CRIMINAL RULE 49 AND STANDING ORDER 21-28
- #59 DEFENDANT’S MEMORANDUM IN AID OF SENTENCING AND ASSESSMENT OF 18 U.S.C. § 3553(a) SENTENCING FACTORS AND MOTION FOR VARIANCE
- #60 MOTION accounting of funds raised by USA as to MITCHELL TODD GARDNER, II.
- #61 JUDGMENT as to MITCHELL TODD GARDNER, II. Statement of Reasons Not Included. Signed by Judge Amit P. Mehta on 06/27/2022
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