August 21, 2024 - WASHINGTON — Washington State man was arrested on felony and misdemeanor charges related to his alleged conduct during the Jan. 6, 2021, breach of the U.S. Capitol. His alleged 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.
Thomas Hodo, 47, of Snohomish, Washington, is charged in a criminal complaint filed in the District of Columbia with felony civil disorder and misdemeanor offenses of entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, and disorderly conduct in a capitol building or grounds.
The FBI arrested Hodo on Aug. 20, 2024, in Phoenix, Arizona, and he made his initial appearance in the District of Arizona.
Codefendant Derek Noftsger was previously charged for his role in the events of January 6, 2021.
According to court documents, Noftsger and Hodo were identified in open-source video standing near a line of police officers on Jan. 6, 2021, on the West Plaza of the U.S. Capitol grounds. At approximately 1:37 p.m., Hodo allegedly joined with a group of rioters who attempted to pull a bike rack barricade away from police as Noftsger stood nearby and watched. About one minute later, Hodo walked over to Noftsger and appeared to place a flag in Noftsger's backpack. Hodo then appeared to take an item from Noftsger bag and threw the item in the direction of the police line.
About six minutes after throwing an item in the direction of officers, Hodo approached the police line and began to speak using a megaphone. In part, Hodo stated, "it is our constitutional duty, we have to stand up to a tyrannical government, we are not supposed to secede to a tyrannical government," then went on to claim that he supported the police, before proclaiming that "every treasonous traitor will be hung . . . . we will take our country back." After handing off the megaphone to another rioter, he looked at the officers on the police line and said, "you guys are a f— disgrace."
At approximately 2:26 p.m., multiple rioters began to push against the police line near the two defendants. Officers on the police line pushed the rioters back, and, in response, it is alleged that Noftsger picked up a police officer’s riot shield from the ground and faced a Metropolitan Police Department officer. When officers pushed back a rioter near Noftsger, he allegedly lifted the riot shield above his head with both hands and threw it at the officers.
It is then alleged that Hodo picked up an object off the ground that appeared to be a canister of pepper spray and attempted to spray it at the officers; however, the canister was not deployed. Hodo then allegedly threw the canister in the direction of the police officers.
At about 2:28 p.m., rioters on the West Plaza overran the police line and Noftsger and Hodo climbed onto the Southwest Scaffolding. The two men then made their way to the Lower West Terrace and unfurled the flag that they had been carrying. In an open-source video, Hodo can be heard stating, "It could get a lot worse, we came in peace this time, it could get a lot worse, believe me we are well armed if we need to be."
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 Washington.
The case is being investigated by the FBI's Seattle and Washington Field Offices. Valuable assistance was provided by the U.S. Capitol Police, the Metropolitan Police Department, the FBI’s Phoenix Field Office, and the U.S. Attorney’s Office for the District of Arizona.
In the 43 months since Jan. 6, 2021, more than 1,488 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including nearly 550 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
