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Samuel Christopher Montoya

Montoya, a journalist with Infowars, captured footage of the moment Ashli Babbitt was killed by Capitol Police Officer Michael Byrd.

He is heard making statements including “We don’t hurt innocent people, we don’t tear down statues!”

Montoya later delivered an eyewitness account of Ashli Babbit’s death on the Infowars site.

Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.


Entering and Remaining in a Restricted Building; Disorderly and Disruptive Conduct in a Restricted Building (1) Disorderly and Disruptive Conduct in a Capitol Building (2) Disorderly Conduct in a Capitol Building (3) Impeding Passage Through the Capitol Grounds or Buildings (4) Parading, Demonstrating, or Picketing in a Capitol Building (5)

Case Status

Arrested 4/13/21. Initial appearance held 4/19/21, ordered released on personal recognizance. Arraigned 5/14/21 where he entered a not guilty to all counts. Superseding information issued on 3/7/22 with Counts 1-5. On 11/7/22, he plead guilty to count 5. Sentencing held on 4/5/2023, sentenced to 36 months of Probation. Special assessment of $10.00; Restitution in the amount of $500.00 and a Fine in the amount of $1500.00. Oral motion by government to dismiss all remaining counts; heard and granted.

USA Attorney

Candice Wong

USA Attorney

Alexis Loeb
CA Bar No. 269895 Assistant United States Attorney Detailee 450 Golder Gate Ave 11th Floor San Francisco, CA 94102 Telephone (415) 436 7168

Case Documents

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