Smith’s Statement of Facts has been sealed and not made public.
Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.
- First Name(s): Thomas
- Last Name(s): Smith
- Case Number: 1:21-cr-599
- Judge: Reggie Walton
- Entry Last Updated: 08/04/2023
- Date Docket Downloaded: 11/24/2021
- Currently Incarcerated: No
- Support Thomas Smith: Click here to help cover Thomas's legal and living expenses
Charges
Civil Disorder (1-2) Obstruction of an Official Proceeding and Aiding and Abetting (3) Assaulting, Resisting, or Impeding Certain Officers (4-5) Assaulting, Resisting, or Impeding Certain Officers Using a Dangerous Weapon (6) Entering and Remaining in a Restricted Building or Grounds (6) Entering and Remaining in a Restricted Building or Grounds with a Deadly or Dangerous Weapon (10) Disorderly and Disruptive Conduct in a Restricted Building or Grounds with a Deadly or Dangerous Weapon (11) Engaging in Physical Violence in a Restricted Building or Grounds with a Deadly or Dangerous Weapon (12) Disorderly Conduct in a Capitol Building (13) Act of Physical Violence in the Capitol Grounds or Buildings (14)
Case Status
Smith was arrested on 10/6/21. He was released on personal recognizance on 10/12/21. On 10/12/21, he plead not guilty to all counts. Superseding Indictment (doc # 51) filed 12/07/22. Jury Trial concluded 5/12/2023, Smith rendered guilty as to Counts 1 - 6, 10, 11, 12, 13, and 14 of the Second Superseding Indictment. Sentencing set for August 17, 2023, at 9:00 AM.
USA Attorney
Michael John Romano
Michael John Romano
U.S. DEPARTMENT OF JUSTICE
Crm
1331 F Street NW
Washington, DC 20004
(202) 307-6691
Email: [email protected]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant U.S. Attorney
USA Attorney
Melanie L. Alsworth
AR Bar No. 2002095Trial Attorney United States Department of Justice Criminal Division (On Detail to the USAO-DC)145 N. Street NE, East Wing Washington, DC 20530
phone- (202)-598-2285
email- [email protected]
USA Attorney
Tighe Beach
CO Bar No. 55328
Assistant United States Attorney
601 D Street NW Washington, D.C. 20001
phone- (240) 278-4348
email- [email protected]
Thomas Harlen Smith'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
- #1-SEALED INDICTMENT as to DONNIE DUANE WREN (1) count(s) 2, 4, 6, 7, 8, 9, 10, THOMAS HARLEN SMITH
- #3-MOTION to Seal Case by USA as to DONNIE DUANE WREN, THOMAS HARLEN SMITH
- #4-ORDER granting 3 Motion to Seal Case as to DONNIE DUANE WREN (1), THOMAS HARLEN SMITH
- #8-Arrest Warrant Returned Executed on 10.6.2021 as to THOMAS HARLEN SMITH
- #11-ORDER Setting Conditions of Release as to THOMAS HARLEN SMITH
- #14-NOTICE OF ATTORNEY APPEARANCE
- #16-ORDER as to DONNIE DUANE WREN(1), THOMAS HARLEN SMITH
- #17-NOTICE REGARDING STATUS OF DISCOVERY by USA as to DONNIE DUANE WREN, THOMAS HARLEN SMITH
- #18- Joint MOTION to Continue by USA as to DONNIE DUANE WREN, THOMAS HARLEN SMITH_
- #19-ORDER, granting 18 Motion to Continue as to DONNIE DUANE WREN and THOMAS HARLEN SMITH
- #22-MOTION to Withdraw as Attorney by Dwight Crawley. by DONNIE DUANE WREN as to DONNIE DUANE WREN, THOMAS HARLEN SMITH
- #23-ORDER, as to DONNIE DUANE WREN (1) and THOMAS HARLEN SMITH (2)
- #24-MOTION to Travel and Relocate for Work by DONNIE DUANE WREN as to DONNIE DUANE WREN, THOMAS HARLEN SMITH
- #26-ORDER as to DONNIE DUANE WREN (01) Explaining Its Position On The Defendant's Motion To Travel And Relocate To Work
- #27-NOTICE OF ATTORNEY APPEARANCE George T. Pallas appearing for DONNIE DUANE WREN
- #30 Unopposed MOTION for Protective Order by USA as to DONNIE DUANE WREN, THOMAS HARLEN SMITH.
- #30 a) Text of Proposed Order
- #30 b) Exhibit 1 - Acceptance of Proposed Order by Mr. Wren
- #30 c) Exhibit 2 - Acceptance of Proposed Order by Mr. Smith
- #31 Unopposed MOTION for Order to Disclose Items Protected by Federal Rule of Criminal Procedure 6(e) and Sealed Materials by USA as to DONNIE DUANE WREN, THOMAS HARLEN SMITH.
- #33 ORDER as to DONNIE DUANE WREN (1) and THOMAS HARLEN SMITH (2)granting government's [31] Motion for Order to Disclose Items Protected by Federal Rule of Criminal Procedure 6(e) and Sealed Materials. See attached Order for details. Signed by Judge Reggie B. Walton on 5/12/2022.
- #34 ORDER as to DONNIE DUANE WREN (1) and THOMAS HARLEN SMITH (2). See attached order for details. Signed by Judge Reggie B. Walton on 5/13/2022.
- #35 ORDER as to DONNIE DUANE WREN (1) and THOMAS HARLEN SMITH (2) granting 30 government's Unopposed Motion for Protective Order. See attached Order for details. Signed by Judge Reggie B. Walton on 5/12/2022.
- #38-ORDER as to DONNIE DUANE WREN and THOMAS HARLEN SMITH
- #39-NOTICE OF ATTORNEY APPEARANCE Melanie Alsworth appearing for USA
- #42-NOTICE OF ATTORNEY APPEARANCE Tighe Robertson Beach appearing for USA
- #43-GENERAL ORDER GOVERNING CRIMINAL CASES BEFORE THE HONORABLE REGGIE B. WALTON as to DONNIE DUANE WREN and THOMAS HARLEN SMITH
- #44-PRE-TRIAL SCHEDULING ORDER as to DONNIE DUANE WREN and THOMAS HARLEN SMITH
- #45 Joint MOTION to Continue Trial Date and for Extension of Time to File Pre-Trial Motions by DONNIE DUANE WREN.
- #47 ORDER as to DONNIE DUANE WREN (01) and THOMAS HARLEN SMITH (02) That The Parties Shall Appear Before The Court On November 28, 2022, at 11:00 A.M. For A Status Hearing Via Videoconference. It Is FurtherOrdered That The November 18, 2022 Deadline For The Submission Of Pretrial Motions Is Vacated Pending The Courts Ruling On The Defendants Motion At The November 28, 2022 Status Hearing. Signed by Judge Reggie B. Walton on 11/16/22.
- #50 ORDER as to DONNIE DUANE WREN (1) and THOMAS HARLEN SMITH granting 45 Joint Motion To Continue Trial Date and for Extension of Time to File Pre-Trial Motions And 46 Motion For Extension of Time. Signed by Judge Reggie B. Walton on 11/28/22. (See Order For Details)
- #51 SUPERSEDING INDICTMENT as to DONNIE DUANE WREN (1) count(s) 2s, 4s, 7s, 8s, 9s, 13s, 14s, THOMAS HARLEN SMITH (2) count(s) 1s-2s, 3s, 4s-5s, 6s, 10s, 11s, 12s, 13s, 14s.
- #53 MOTION in Limine by USA as to DONNIE DUANE WREN, THOMAS HARLEN SMITH
- #57 MOTION in Limine to Exclude Perjorative Terms and Limit Time Frame of Photographs and Video Footage by THOMAS HARLEN SMITH
- #60 MOTION to Dismiss Count One and Count Two of the Superseding Indictment by THOMAS HARLEN SMITH
- #61 MOTION to Dismiss Count Ten, Count Eleven, and Count Twelve by THOMAS HARLEN SMITH
- #62 Proposed Jury Instructions by USA as to DONNIE DUANE WREN, THOMAS HARLEN SMITH
- #65-Proposed Voir Dire by USA as to DONNIE DUANE WREN, THOMAS HARLEN SMITH
- #66 MOTION to Dismiss Count Three by THOMAS HARLEN SMITH.
- #67 Joint MOTION to Change Venue by THOMAS HARLEN SMITH.
- #67 a) Exhibit
- #68-ORDER as to DONNIE DUANE WREN and THOMAS HARLEN SMITH
- #69-Unopposed MOTION for Extension of Time to File Response_Reply to Pre-Trial Motions by USA as to DONNIE DUANE WREN, THOMAS HARLEN SMITH
- #70-ORDER as to DONNIE DUANE WREN and THOMAS HARLEN SMITH
- #71-SECOND SUPERSEDING INDICTMENT as to DONNIE DUANE WREN,THOMAS HARLEN SMITH
- #73-NOTICE OF ATTORNEY APPEARANCE Victoria Anne Sheets appearing for USA
- #74 RESPONSE by USA as to THOMAS HARLEN SMITH re 61 MOTION to Dismiss Count Ten, Count Eleven, and Count Twelve
- #77 RESPONSE by USA as to THOMAS HARLEN SMITH re 57 MOTION in Limine to Exclude Perjorative Terms and Limit Time Frame of Photographs and Video Footage
- #81-Memorandum in Opposition by USA as to DONNIE DUANE WREN, THOMAS HARLEN SMITH re 67 Motion to Change Venue
- #82 Memorandum in Opposition by USA as to THOMAS HARLEN SMITH re 66 Motion to dismiss count(s)
- #84-Memorandum in Opposition by USA as to DONNIE DUANE WREN, THOMAS HARLEN SMITH re 60 Motion to dismiss count(s), 56 Motion to dismiss count(s)
- #85-RESPONSE by USA as to DONNIE DUANE WREN, THOMAS HARLEN SMITH re [60] MOTION to Dismiss Count One and Count Two of the Superseding Indictment, [56] MOTION to Dismiss Count 2 of the Indictment (Racist Statute)
- #86 MOTION to Continue Trial and Pre-Trial Motion Deadlines by THOMAS HARLEN SMITH.
- #87-ORDER as to DONNIE DUANE WREN) and THOMAS HARLEN SMITH
- #88-Memorandum in Opposition by USA as to DONNIE DUANE WREN, THOMAS HARLEN SMITH re [86] Motion to Continue
- #90-ORDER as to DONNIE DUANE WREN and THOMAS HARLEN SMITH
- #95 TRIAL BRIEF by USA as to DONNIE DUANE WREN, THOMAS HARLEN SMITH
- #96-ORDER as to DONNIE DUANE WREN and THOMAS HARLEN SMITH
- #97 NOTICE OF ATTORNEY APPEARANCE: Michael Scott Davis appearing for THOMAS HARLEN SMITH
- #99-RESPONSE TO ORDER OF THE COURT by USA as to DONNIE DUANE WREN, THOMAS HARLEN SMITH
- #101 RESPONSE by THOMAS HARLEN SMITH re 94 MOTION to Amend/Correct
- #103-MOTION to Compel Discovery by DONNIE DUANE WREN as to DONNIE DUANE WREN, THOMAS HARLEN SMITH
- #105-ORDER as to DONNIE DUANE WREN and THOMAS HARLEN SMITH
- #106-Jury Notes (4) received and addressed on the record on 4_21_2023 as to DONNIE DUANE WREN and THOMAS HARLEN SMITH
- #107-Jury Note (1) received and addressed on the record on 4_24_2023 as to DONNIE DUANE WREN and THOMAS HARLEN SMITH
- #108-MOTION to Permit ADMISSION OF STATEMENTS PURSUANT TO RULE 106, FEDERAL RULES OF EVIDENCE by DONNIE DUANE WREN as to DONNIE DUANE WREN, THOMAS HARLEN SMITH
- #109-Jury Notes received and addressed on the record on 4_27_2023 as to DONNIE DUANE WREN and THOMAS HARLEN SMITH
- #110-Proposed Jury Instructions by DONNIE DUANE WREN as to DONNIE DUANE WREN, THOMAS HARLEN SMITH
- #111-Jury Note (1) received and addressed on the record on 5_3_2023 as to DONNIE DUANE WREN and THOMAS HARLEN SMITH
- #112-Jury Notes (3) received and address on the record on 5_4_2023 as to DONNIE DUANE WREN and THOMAS HARLEN SMITH
- #114-ATTORNEYS' ACKNOWLEDGMENT OF TRIAL EXHIBITS as to DONNIE DUANE WREN and THOMAS HARLEN SMITH
- #115-Jury Notes (2) as to DONNIE DUANE WREN and THOMAS HARLEN SMITH
- #119 VERDICT FORM as to THOMAS HARLEN SMITH
- #122 GOVERNMENT TRIAL EXHIBIT LIST as to DONNIE DUANE WREN (1) and THOMAS HARLEN SMITH (2)
- #124 TRIAL EXHIBIT LIST as to THOMAS HARLEN SMITH
- #125-ORDER as to DONNIE DUANE WREN and THOMAS HARLEN SMITH
- #136-RESPONSE by USA as to DONNIE DUANE WREN, THOMAS HARLEN SMITH re [127] MOTION for New Trial
- #137 ORDER as to DONNIE DUANE WREN (1) and THOMAS HARLEN SMITH (2). It is hereby ORDERED that, on August 17, 2023, at 9:00 a.m., the government and defendant Wren shall appear before the Court for a hearing on defendant Wren's 126 Motion for Judgment of Acquittal and 127 Motion for New Trial.
- #141 ORDER as to DONNIE DUANE WREN (1) and THOMAS HARLEN SMITH (2). It is hereby ORDERED that [140] Defendant Wren's Unopposed Motion to Continue Sentencing is GRANTED. The hearing on defendant Wren's [126] Motion for Judgment of Acquittal and [127] Motion for New Trial, which is currently scheduled for August 17, 2023, is CONTINUED to October 16, 2023, at 1:00 p.m. Defendant Wren's sentencing, which is currently scheduled for August 17, 2023, is CONTINUED to October 16, 2023, at 2:00 p.m.
- #145 MOTION for Leave to File Objections to PSR Out-of-Time by THOMAS HARLEN SMITH.
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