Barnard conducted an interview with FBI agents on January 26. During the interview he stated he arrived in Washington D.C. on the evening of January 5 with his friend Jeffrey Witcher. Both men served in the Marines, and Witcher also served in the Army.
On January 6, 2021, they went to President Trump’s speech before moving to the Capitol building in the hopes of being closer to the President when he announced he would march to the building. Barnard believed there were people at the Capitol who were already attempting to breach it before he ever arrived.
At approximately 2:02 P.M. he made entry into the Capitol building with Witcher, and walked into a large rotunda where he encountered multiple law enforcement officers. More individuals in the crowd began to push against the police officers, and Barnard, with at least three other individuals, shielded the police officers with their bodies while the crowd moved past. The officers, along with Barnard, moved to a shattered window near the front entrance, where he and his friend, Jeffery Shane WITCHER exited the U.S. Capitol building. All of these events occurred over the span of approximately 15-20 minutes, or 2:02 P.M. to 2:18 P.M. There is no further evidence of physical violence against anyone committed by these two men.
Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.
- First Name(s): Richard Franklin
- Last Name(s): Barnard
- Case Number: 1:21-cr-235
- Arrest Location: Liberty, TX
- Judge: Zia M. Faruqui
- Judge: Rudolph Contreras
- Entry Last Updated: 07/17/2023
- Date Docket Downloaded: 12/09/2021
- Currently Incarcerated: No
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Charges
Unlawful Entry on Restricted Building or Grounds (2) Unlawful Entry on Restricted Building or Grounds (3) Violent entry and disorderly conduct on Capitol Grounds (4) Parading, Demonstrating or Picketing in a Capitol Building (5)
Case Status
Arrested 2/25/21. Indicted 3/19/21. Arraigned 4/19/21 where he plead not guilty to all counts and was released on personal recognizance. On 10/20/21, he plead guilty to count 5. Sentencing held on 2/4/2022, sentenced to 12 Months of Probation and 1 month of home confinement (with conditions). Special Assessment: $10.00. Restitution: $500.00. Counts 2, 3 and 4 are dismissed on Motion of the Government.
USA Attorney
Brandon Regan
Brandon K. Regan
DOJ-USAO
Federal Major Crimes
555 4th St NW
Washington, DC 20530
202-252-7759
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant U.S. Attorney
Richard Franklin Barnard's Mailing Address
NA-Released.
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
- Jeffrey Witcher and Richard Barnard Docket Sheet as of 7/17/2023
- Updates to Docket-12.9.21
- Docket Download-6.8.21
- #1 SEALED COMPLAINT as to RICHARD FRANKLIN BARNARD (1), JEFFREY SHANE WITCHER (2). [1:21-mj-00262-ZMF]
- #1 a) Statement of Facts
- #3 MOTION to Seal Case by USA as to RICHARD FRANKLIN BARNARD, JEFFREY SHANE WITCHER. [1:21-mj-00262-ZMF]
- #4 ORDER granting 3 Motion to Seal Case as to RICHARD FRANKLIN BARNARD (1), JEFFREY SHANE WITCHER (2). Signed by Magistrate Judge Zia M. Faruqui on 02/24/2021. (zstd) [1:21-mj-00262-ZMF]
- #5 Rule 5(c)(3) Documents Received as to RICHARD FRANKLIN BARNARD, JEFFREY SHANE WITCHER from US District Court for the Western District of Texas Case Number 1:21-159-ML (bb) [1:21-mj-00262-ZMF]
- #6 INDICTMENT as to RICHARD FRANKLIN BARNARD (1) count(s) 2, 3, 4, 5, JEFFREY SHANE WITCHER (2) count(s) 1, 2, 3, 4, 5.
- #10 ORDER Setting Conditions of Release as to RICHARD FRANKLIN BARNARD (1) Personal Recognizance. Signed by Magistrate Judge G. Michael Harvey on 4/19/2021.
- #12 Unopposed MOTION to Docket Status Hearing by USA as to RICHARD FRANKLIN BARNARD, JEFFREY SHANE WITCHER. Modified relief on 5/10/2021
- #13 NOTICE OF ATTORNEY APPEARANCE: Jesus M. Salinas, Jr appearing for RICHARD FRANKLIN BARNARD
- #14 Unopposed MOTION for Hearing Joint Motion to Docket Plea Hearing by USA as to RICHARD FRANKLIN BARNARD, JEFFREY SHANE WITCHER. Modified event title on 10/6/2021
- #15 Case as to RICHARD FRANKLIN BARNARD, JEFFREY SHANE WITCHER randomly reassigned to Judge Rudolph Contreras. Judge Richard J. Leon is no longer assigned to the case.
- #22-WAIVER of Trial by Jury as to RICHARD FRANKLIN BARNARD
- #23-STATEMENT OF OFFENSE by RICHARD FRANKLIN BARNARD
- #24-PLEA AGREEMENT as to RICHARD FRANKLIN BARNARD
- #25 SENTENCING SCHEDULING ORDER as to RICHARD FRANKLIN BARNARD, JEFFREY SHANE WITCHER. See document for details. Signed by Judge Rudolph Contreras on 10/21/2021.
- #26 NOTICE of Memorandum Regarding Status of Discovery as of November 5, 2021 by USA as to RICHARD FRANKLIN BARNARD, JEFFREY SHANE WITCHER
- #28 Unopposed MOTION for Protective Order Governing Discovery by USA as to RICHARD FRANKLIN BARNARD, JEFFREY SHANE WITCHER.
- #29 Unopposed MOTION for Disclosure of 6(e) and Sealed Materials by USA as to RICHARD FRANKLIN BARNARD, JEFFREY SHANE WITCHER.
- #31 ORDER granting 28 Unopposed Motion for Protective Order as to RICHARD FRANKLIN BARNARD (1), JEFFREY SHANE WITCHER (2). See document for details. Signed by Judge Rudolph Contreras on 12/21/2021.
- #32 ORDER granting 29 Motion for Disclosure as to RICHARD FRANKLIN BARNARD (1), JEFFREY SHANE WITCHER (2). See document for details. Signed by Judge Rudolph Contreras on 12/21/2021
- #37 SENTENCING MEMORANDUM by RICHARD FRANKLIN BARNARD
- #37 a) Exhibit Attachment A (Letters)
- #37 b) Exhibit Attachment B (Photos)
- #38 SENTENCING MEMORANDUM by USA as to RICHARD FRANKLIN BARNARD
- #41 RESPONSE by RICHARD FRANKLIN BARNARD re [38] Sentencing Memorandum
- #41 a) Attachment A
- #50-JUDGMENT as to RICHARD FRANKLIN BARNARD
- #54-Probation Jurisdiction Transferred to United States District Court for the Western District of Texas as to RICHARD FRANKLIN BARNARD
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