Though he is not a credentialed reporter or journalist, DeCarlo said in an interview to the LA Times after January 6th that he was there “as media”. Though it is not clear to what extent, if at all, DeCarlo engaged in violent behavior, he can be seen smoking what appears to be a cigarette inside the Capitol, with Hawaii Proud Boy friend Nicholas Ochs.
Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.
- First Name(s): Nicholas
- Last Name(s): DeCarlo
- AKA: Dick NeCarlo; Dick Lambaste
- Case Number: 1:21-cr-73
- Arrest Location: Burleson, TX
- Judge: Zia M. Faruqui
- Judge: Beryl Howell
- Entry Last Updated: 06/26/2023
- Date Docket Downloaded: 09/21/2021
- Currently Incarcerated: Yes
- Support Nicholas DeCarlo: Click here to help cover Nicholas 's legal and living expenses
Charges
Conspiracy (1) Obstruction of an Official Proceeding and Aiding and Abetting (2) Destruction of Government Property and Aiding and Abetting (3) Theft of Government Property and Aiding and Abetting (4) Entering and Remaining in a Restricted Building or Grounds (5) Disorderly Conduct in a Restricted Building (6)
Case Status
Arrested 1/26/21 in the Northern District of Texas. Indictment filed on 2/4. Arraignment held with a plea of not guilty on all counts on 2/12/21. Placed on personal recognizance on 2/15/2021. First superseding indictment filed 2/18/22. DeCarlo plead not guilty to all counts on 2/25/22. DeCarlo plead guilty to count on 2 on 9/9/22. On 12/9/22, was sentenced to 48 months in prison and 36 months of supervised release. In addition, he was ordered to pay a special assessment in the amount of $100, fine of $2,500.00, and restitution in the amount of $2,000. Counts 1, 3, 4, 5 and 6 dismissed on Oral Motion by the Government.
USA Attorney
Alexis Jane Loeb
Alexis Jane Loeb
U.S. ATTORNEY'S OFFICE FOR THE NORTHERN DISTRICT OF CAL
450 Golden Gate Ave. 11th Fl. San Francisco, CA 94102 (415) 436-7168 Fax: (415) 436-7234
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Assistant U.S. Attorney
USA Attorney
James Pearce
Criminal Division, Appellate Section950 Pennsylvania Ave NW
Washington, DC 20530
Email: [email protected]
Phone: (202) 532-4991
Nicholas DeCarlo's Mailing Address
Nicholas DeCarlo
FCI Seagoville
FEDERAL CORRECTIONAL INSTITUTION
P.O. BOX 9000
SEAGOVILLE, TX 75159
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
- Nicholas DeCarlo and Nicholas Ochs Docket Sheet as of 6/26/2023
- Docket Download-6.17.21
- #1 Complaint & Statement of Facts
- #17 INDICTMENT as to NICHOLAS DECARLO (1) count(s) 1, 2, 3, 4, 5, 6, 7, NICHOLAS R. OCHS (2) count(s) 1, 2, 3, 4, 5, 6, 7
- #19-STANDING ORDER as to NICHOLAS DECARLO. Signed by Chief Judge Beryl A. Howell on February 4, 2021
- #27-ORDER Setting Conditions of Release as to NICHOLAS DECARLO
- #28-NOTICE OF ATTORNEY APPEARANCE-Robert A. Feitel appearing for NICHOLAS DECARLO
- #29-Unopposed MOTION to Modify Conditions of Release by NICHOLAS DECARLO
- #30-ORDER granting 29 Defendant's Unopposed Motion to Modify Conditions of Release as to NICHOLAS DECARLO
- #31-Unopposed MOTION for Protective Order of Discovery Materials by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS
- #32-SUPERSEDING PROTECTIVE ORDER as to NICHOLAS DECARLO and NICHOLAS R. OCHS
- #33-Second MOTION to Modify Conditions of Release by NICHOLAS DECARLO
- #35-Unopposed MOTION to Continue Status Hearing, Unopposed MOTION to Exclude Time Under the Speedy Trial Act by USA as to NICHOLAS DECARLO
- #36 ORDER, as to NICHOLAS DECARLO and NICHOLAS R. OCHS, GRANTING the government's 35 Unopposed Motion to Continue Status Hearing and to Exclude Time under the Speedy Trial Act, CONTINUING the status hearing scheduled for April 16, 2021, to June 21, 2021, at 11:30 AM
- #37-Memorandum in Opposition by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS
- #38-Arrest Warrant, dated 1.19.2021, returned executed in the U.S. District Court for the District of Columbia on 2.10.2021 as to Defendant NICHOLAS DECARLO
- #43-NOTICE of Status of Discovery as of 8.23.21 by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS
- #44-NOTICE of Status of Discovery as of 9.14.21 by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS
- #45-NOTICE of Filing by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS
- #49-UN~1
- #50-NOTICE OF ATTORNEY APPEARANCE Alexis Jane Loeb appearing for USA
- #51-NOTICE OF WITHDRAWAL OF APPEARANCE by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS
- #52-NOTICE of Status of Discovery as October 21, 2021 by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS
- #53-Unopposed MOTION to Continue Status Hearing by NICHOLAS DECARLO as to NICHOLAS DECARLO, NICHOLAS R. OCHS
- #54-STATUS REPORT Status of Discovery as of November 5, 2021 by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS
- #55-MOTION to Dismiss Count One and Count Two by NICHOLAS DECARLO
- #56-NOTICE of Adoption of Motion by NICHOLAS R. OCHS
- #57-Rule 5(c)(3) Documents Received as to NICHOLAS DECARLO from US District Court for the Northern District of Texas
- #58-Memorandum in Opposition by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS re 55 MOTION to Dismiss Count One and Count Two
- #59-NOTICE of Recent Authority by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS re 58 Memorandum in Opposition
- #60-Unopposed MOTION for Additional Time to File Reply Memorandum Filing Deadline by NICHOLAS DECARLO
- #61-REPLY in Support by NICHOLAS DECARLO re 55 MOTION to Dismiss Count One and Count Two
- #62-MOTION to Continue Status Conference by NICHOLAS R. OCHS
- #63-NOTICE OF ATTORNEY APPEARANCE James Pearce appearing for USA
- #67-STATUS REPORT Regarding Status of Discovery As Of February 9, 2022 by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS
- #68-SUPERSEDING INDICTMENT as to NICHOLAS DECARLO, NICHOLAS R. OCHS
- #72-Unopposed MOTION to Modify Conditions of Release To Pemit Defendant To Relocate To A Different Judicial District by NICHOLAS DECARLO
- #74-RESPONSE TO ORDER OF THE COURT by USA as to NICHOLAS DECARLO, NICHOLAS R. OCHS re Order, Identification of Videos Described in Statement of Offense
- #77 PLEA AGREEMENT as to NICHOLAS DECARLO
- #79 STATEMENT OF OFFENSE by NICHOLAS DECARLO
- #80 WAIVER of Trial BY Jury as to NICHOLAS DECARLO. Approved by Chief Judge Beryl A. Howell on 9/9/2022
- #93-SENTENCING MEMORANDUM by USA as to NICHOLAS DECARLO
- #95 Unopposed MOTION to Continue Date For Filing Defense Sentencing Memoranda by NICHOLAS DECARLO
- #96 Unopposed MOTION to Amend/Correct 95 Unopposed MOTION to Continue Date For Filing Defense Sentencing Memoranda filed by NICHOLAS DECARLO by NICHOLAS DECARLO
- #97 SENTENCING MEMORANDUM by NICHOLAS DECARLO
- #101-SUPPLEMENT by USA as to NICHOLAS DECARLO Government's Reply to Nicholas DeCarlo's Sentencing Memorandum
- #102 NOTICE Supplement To Defendant's Sentencing Memorandum (letters from family and friends) by NICHOLAS DECARLO re [97] Sentencing Memorandum
- #104-RESPONSE TO ORDER OF THE COURT by NICHOLAS DECARLO re Order, Concerning Government's Supplemental Exhibits
- #108 JUDGMENT as to NICHOLAS DECARLO. Statement of Reasons Not Included. Signed by Chief Judge Beryl A. Howell on 12/9/2022
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