October 4, 2024 – WASHINGTON – A Connecticut man has been arrested for civil disorder 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.
James Roe Cleary, 56, of Waterford, Connecticut, is charged in a criminal complaint filed in the District of Columbia with a felony offense of obstruction of law enforcement during a civil disorder.
In addition to the felony, Cleary is charged with misdemeanor offenses of simple assault, entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, and engaging in physical violence in a restricted building or grounds, and disorderly conduct in a Capitol building.
The FBI arrested Cleary on Thursday in Waterford, and he will make his initial appearance in the District of Connecticut.
According to court documents, Cleary was identified in open-source and video footage near the opening of the Lower West Terrace Tunnel on Jan. 6, 2021, in Washington, D.C., during a period of intense fighting between rioters and police. The Tunnel was the site of some of the most violent attacks against law enforcement on that day.
It is alleged that Cleary moved towards the mouth of the Tunnel as intense physical clashes continued between police guarding the Tunnel entrance and rioters trying to force their way through the entrance. By approximately 4:26 p.m., Cleary positioned himself at the mouth of the Tunnel, where he quickly moved his body towards the interior of the Tunnel and made a swiping motion at the head of a police officer. Police body-worn camera shows that roughly ten seconds later, Cleary helped to pull a rioter out of the Tunnel. He then returned to the mouth of the Tunnel and allegedly made another swiping or grabbing gesture with his hand toward police officers.
Court documents say that at about 4:27 p.m., a Metropolitan Police Department (MPD) officer was pushed to the ground, and rioters attempted to pull the officer’s body out of the Tunnel and into the mob. Cleary was filmed on body-worn camera allegedly clambering across the bodies of a fallen rioter and the downed officer and grabbing a baton on the ground. Cleary then quickly handed the baton off to another rioter in the mob and then returned to the front of the Tunnel.
At about 4:28 p.m., Cleary helped pull a second rioter out of the Tunnel who had been filming and become trapped and moved north alongside the Capitol building and stood beneath a window as rioters began to break the glass panes. Video footage and images showed that Cleary remained near the window and watched as rioters passed furniture through the broken window to other rioters closer to the mouth of the Tunnel.
While standing near the broken window, Cleary grabbed and shoved an individual carrying camera equipment. Open-source video showed Cleary leaving the immediate area shortly afterward.
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 District of Connecticut.
This case is being investigated by the FBI's New Haven and Washington Field Offices. Valuable assistance was provided by the U.S. Capitol Police and the Metropolitan Police Department.
In the 44 months since Jan. 6, 2021, more than 1,504 individuals have been charged in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 560 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.
Attachment: cleary_sof.pdf
Source & photos: DOJ Release
