Image by Richard Burton from Pixabay 

Defendant Assaulted Police and Helped Smash Capitol Building Window 

February 2, 2024 - WASHINGTON — A New York man was arrested on felony and misdemeanor charges, including for assaulting law enforcement during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.

James Weeks, 55, of Sodus, New York, is charged in a criminal complaint filed in the District of Columbia with felony charges of civil disorder and assaulting, resisting, or impeding certain officers. In addition to the felonies, Weeks is charged with several misdemeanor offenses, including destruction of government property and aiding and abetting, entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, engaging in physical violence in a restricted building or grounds, and impeding passage through the Capitol grounds or buildings.

Weeks was arrested yesterday by the FBI in Albany, New York and made his initial appearance in the Northern District of New York on February 1, 2024.

According to allegations contained in court documents, Weeks was identified in open-source video footage, U.S. Capitol building CCTV, and body-worn camera footage at various locations on the U.S. Capitol grounds on Jan. 6, 2021. Weeks was seen in an open-source video where he was asked his name, to which he replied, "Jim Weeks." Weeks was seen wearing a purple baseball cap with the letter "C" on it, a red handkerchief around his neck, a green coat over a red t-shirt, a belt, jeans, and brown or tan shoes.

At approximately 3:02 p.m., Weeks was seen on video footage entering the Lower West Terrace Tunnel. The Tunnel was created by the construction of a stage for the upcoming Presidential Inauguration and was the site of some of the most violent attacks against law enforcement on January 6th. Shortly after entering the Tunnel, Weeks was seen moving to the front of the crowd of rioters, where several police officers were defending the entrance to the Capitol. After arriving at the front, Weeks reached through the shattered window of one of the doors inside the Tunnel toward the police. As he reached through the door frame, Weeks gestured at the police officer on the other side of the door. A voice can be heard on open-source video footage yelling, "I'm gonna shove it up you're a—! I'm gonna shove that up your a—, you fat f—! I'm gonna f— you up!"

After confronting police, Weeks moved around the door frame, reached out, and struck a nearby Metropolitan Police Department ("MPD") officer. Shortly after the assault, Weeks was sprayed with OC spray by officers. He then left the Tunnel and traveled to the Senate Wing Door in the Northwest Courtyard of the U.S. Capitol building. Here, an open-source video depicts a man climbing onto a windowsill in that area and kicking the barricaded window. Weeks stood immediately in front of the man and, at one point, turned around and called out, "We need volunteers to keep pushing!"

Following his plea, a second man climbed up on the windowsill and began to strike the window. Seconds later, a woman with a flagpole also joined in and began to strike the window with the end of the flagpole. Ultimately, one of the rioters succeeded in kicking a hole in the windows. The crowd of rioters, including Weeks, cheered. As the crowd cheered and called out, "Traitors!" Weeks approached the window and shook what appeared to be a can of pepper spray in the hole in the window several times. He then banged the can against the edge of the hole several times. Weeks then took a white stick or pole in his hand and began to strike the window with it. Soon, another rioter joined him, and together, they shattered the glass in that pane of the window.

This case is being prosecuted by the U.S. Attorney's Office for the District of Columbia and the Department of Justice National Security Division's Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney's Office for the Western District of New York.

This case is being investigated by the FBI's Buffalo and Washington Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.

In the 36 months since Jan. 6, 2021, more than 1,265 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 440 individuals charged with assaulting or impeding law enforcement, a felony. The investigation remains ongoing.

Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.

A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Source: DOJ Release