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.
- First Name(s): Samuel Christopher
- Last Name(s): Montoya
- Case Number: 1:21-cr-336
- Arrest Location: Austin, TX
- Judge: John D. Bates
- Entry Last Updated: 07/27/2023
- Date Docket Downloaded: 09/25/2021
- Currently Incarcerated: No
- Support Samuel Christopher Montoya: Click here to help cover Samuel Christopher's legal and living expenses
Charges
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
- Samuel Montoya Docket Sheet as of 7/27/2023
- #1 SEALED COMPLAINT as to SAMUEL CHRISTOPHER MONTOYA (1). [1:21-mj-00365-ZMF]
- #1 a) Statement of Facts
- #3 MOTION to Seal Case by USA as to SAMUEL CHRISTOPHER MONTOYA. [1:21-mj-00365-ZMF]
- #4 ORDER granting 3 Motion to Seal Case as to SAMUEL CHRISTOPHER MONTOYA (1). Signed by Magistrate Judge Zia M. Faruqui on 4/8/2021. (bb) [1:21-mj-00365-ZMF]
- #5 Amended Complaint by USA as to SAMUEL CHRISTOPHER MONTOYA re 1 Complaint (Sealed). [1:21-mj-00365-ZMF]
- #7 MOTION to Seal Case by USA as to SAMUEL CHRISTOPHER MONTOYA. [1:21-mj-00365-ZMF]
- #8 ORDER granting 7 Motion to Seal Case as to SAMUEL CHRISTOPHER MONTOYA (1). Signed by Magistrate Judge Zia M. Faruqui on 4/8/2021. (bb) (Main Document 8 replaced on 4/19/2021)
- #9 Arrest Warrant Returned Executed on 4/13/2021 in Austin, TX as to SAMUEL CHRISTOPHER MONTOYA. (bb) [1:21-mj-00365-ZMF]
- #11 ORDER Setting Conditions of Release as to SAMUEL CHRISTOPHER MONTOYA (1) Personal Recognizance. Signed by Magistrate Judge G. Michael Harvey on 4/19/2021. [1:21-mj-00365-ZMF]
- #13 INFORMATION as to SAMUEL CHRISTOPHER MONTOYA (1) count(s) 1, 2, 3, 4, 5
- #16 Unopposed MOTION for Protective Order by USA as to SAMUEL CHRISTOPHER MONTOYA.
- #17 PROTECTIVE ORDER setting forth procedures for handling confidential material; allowing designated material to be filed under seal as to SAMUEL CHRISTOPHER MONTOYA. Signed by Judge John D. Bates on 05/27/2021.
- #18 NOTICE OF DISCOVERY by USA as to SAMUEL CHRISTOPHER MONTOYA
- #18 a) Exhibit
- #19 NOTICE OF ATTORNEY APPEARANCE: Donald Herbert Flanary, III appearing for SAMUEL CHRISTOPHER MONTOYA
- #20 Unopposed MOTION FOR AN ORDER TO DISCLOSE ITEMS PROTECTED BY FEDERAL RULE OF CRIMINAL PROCEDURE 6(e) AND SEALED MATERIALS by USA as to SAMUEL CHRISTOPHER MONTOYA.
- #21 ORDER as to SAMUEL CHRISTOPHER MONTOYA (1): Granting 20 motion for an order to disclose items protected by Fed. R. Crim. P. 6(e) and sealed materials as to SAMUEL CHRISTOPHER MONTOYA. See text of Order for details. Signed by Judge John D. Bates on 06/22/2021.
- #22 Unopposed MOTION to Continue Status Hearing and to Exclude Time Under Speedy Trial Act by SAMUEL CHRISTOPHER MONTOYA.
- #25 NOTICE of Discovery by USA as to SAMUEL CHRISTOPHER MONTOYA
- #26 NOTICE Memorandum Regarding Status of Discovery by USA as to SAMUEL CHRISTOPHER MONTOYA
- #26 a) Exhibit Additional Examples of Defense Discovery Requests
- #27 Unopposed MOTION to Continue Status Hearing and to Exclude Time Under Speedy Trial Act by SAMUEL CHRISTOPHER MONTOYA.
- #29 Rule 5(c)(3) Documents Received as to SAMUEL CHRISTOPHER MONTOYA from US District Court Western District of Texas Austin Division Case Number AU:21-M-325
- #30 NOTICE Memorandum Regarding Status of Discovery by USA as to SAMUEL CHRISTOPHER MONTOYA
- #31 NOTICE Memorandum Regarding Status of Discovery by USA as to SAMUEL CHRISTOPHER MONTOYA
- #32 NOTICE OF DISCOVERY by USA as to SAMUEL CHRISTOPHER MONTOYA
- #32 a) Exhibit
- #33 Unopposed MOTION FOR AN ORDER TO DISCLOSE ITEMS PROTECTED BY FEDERAL RULE OF CRIMINAL PROCEDURE 6(e) AND SEALED MATERIALS by USA as to SAMUEL CHRISTOPHER MONTOYA.
- #34 NOTICE of Discovery by USA as to SAMUEL CHRISTOPHER MONTOYA
- #34 a) Exhibit Discovery Letter
- #35 Unopposed MOTION to Continue Status Hearing, Unopposed MOTION to Exclude Time Under Speedy Trial Act by SAMUEL CHRISTOPHER MONTOYA.
- #36 NOTICE Memorandum Regarding Status of Discovery by USA as to SAMUEL CHRISTOPHER MONTOYA
- #37 NOTICE Memorandum Regarding Status of Discovery by USA as to SAMUEL CHRISTOPHER MONTOYA
- #38 NOTICE OF DISCOVERY by USA as to SAMUEL CHRISTOPHER MONTOYA
- #38 a) Exhibit
- #39 NOTICE OF SUBSTITUTION OF COUNSEL as to USA. Attorney Loeb, Alexis Jane added.
- #40 Unopposed MOTION to Continue Status Hearing, Unopposed MOTION to Exclude Time Under Speedy Trial Act by SAMUEL CHRISTOPHER MONTOYA.
- #41 STATUS REPORT Regarding Status of Discovery as of 2-9-22 by USA as to SAMUEL CHRISTOPHER MONTOYA
- #42 Unopposed MOTION to Continue Status Hearing, Unopposed MOTION to Exclude Time Under Speedy Trial Act by SAMUEL CHRISTOPHER MONTOYA.
- #43 SUPERSEDING INFORMATION as to SAMUEL CHRISTOPHER MONTOYA (1) count(s) 1s, 2s, 3s, 4s, 5s
- #45 MOTION to Continue by SAMUEL CHRISTOPHER MONTOYA.
- #47 Joint MOTION to Continue July 12, 2022 Hearing and Exclude Time by USA as to SAMUEL CHRISTOPHER MONTOYA.
- #50-Unopposed MOTION to Continue Status Hearing for One Week, Unopposed MOTION to Exclude Time Under Speedy Trial Act by SAMUEL CHRISTOPHER MONTOYA
- #53-WAIVER of Trial by Jury as to SAMUEL CHRISTOPHER MONTOYA
- #54-STATEMENT OF OFFENSE by USA and SAMUEL CHRISTOPHER MONTOYA as to SAMUEL CHRISTOPHER MONTOYA
- #55 PLEA AGREEMENT as to SAMUEL CHRISTOPHER MONTOYA
- #57 Unopposed MOTION to Continue Sentencing Hearing and Proposed Order by USA as to SAMUEL CHRISTOPHER MONTOYA
- #64 SENTENCING MEMORANDUM by USA as to SAMUEL CHRISTOPHER MONTOYA
- #64 a) Exhibit Notice of Filing Video Exhibit
- #65 SENTENCING MEMORANDUM by SAMUEL CHRISTOPHER MONTOYA
- #65 a) Exhibit A
- #67 SUPPLEMENT by SAMUEL CHRISTOPHER MONTOYA Defense SN Memo Attachment
- #68 LETTER Filed by SAMUEL CHRISTOPHER MONTOYA Regarding Waiver of Rights and Consent to Sentencing by Video Conferece. "Let This Be Filed" by Judge John D. Bates on 4/5/2023
- #69 JUDGMENT as to SAMUEL CHRISTOPHER MONTOYA. Statement of Reasons Not Included. Signed by Judge John D. Bates on 4/6/2023
- #72 Probation Jurisdiction Transferred to United States District Court for the Western District of Texas in Austin as to SAMUEL CHRISTOPHER MONTOYA. Transmitted Transfer of Jurisdiction form, with certified copies of indictment, judgment and docket sheet. Ordered by Judge John D. Bates on 5/5/2023
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