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Marshall Co. man arrested in connection to Capitol riots to be released from prison

Updated: Apr. 9, 2021 at 3:29 PM CDT
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WASHINGTON, D.C., Ala. (WAFF) - Joshua James, a man from Arab accused of storming the U.S. Capitol in January 2021, will be released from prison with restrictions, according to a federal judge.

James had a detention hearing on April 9 where it was decided he would be released with the following restrictions:

  • Weekly supervision
  • Surrender passport
  • Must remain in Northern District of Alabama.
  • Stay away from DC (except from court)
  • No contact with the oath keepers
  • Shall not possess any fire arms
  • Home incarceration for 24/hours a day
  • Not permitted to work
  • Monitoring
  • No access to computers, phones tablets
  • Must participate in a mental health program

James was arrested last month for alleged participation in the riot at the U.S. Capitol, he is also a member of a militia group called the Oath Keepers, according to court documents.

Attorneys with the United States government argue Joshua James is not only a member the Oath Keepers but also a leader of the militia group.

He is accused of swerving around law enforcement barricades in a golf cart to race to the Capitol building where a mob was storming inside. It’s a moment the government says James and his codefendants planned for weeks even months to overthrow congress.

According to the indictment James communicated with co-conspirators before, during, and even after the breach at the Capitol. He allegedly reserved hotel rooms and made phone calls to co-conspirators the morning of the breach.

In new court documents filed late Thursday, Joshua James is now accused of covering up his tracks, deleting or attempting to delete evidence that he was there. Friday, the prosecution argued in court, after the riots, James encouraged other members of his militia group to delete or burn any communications between the group leading up to the attack.

The government argues there are messages between James and other members asking if they should bring firearms and where should they be stashed. James responded he was planning to bring a firearm to the capitol. Court filings said James deleted the communication thread and asked his co-conspirators to do the same.

The defense argued James was acting as a voluntary security personnel and he was not a leader in organizing the insurrection. His attorneys said James is not dangerous and should be released on bond. Friends and family of the Purple Heart recipient wrote letters to the judge asking him to release James.

If convicted, James could face a max of 20 years in prison. James is one of seven Alabamians charged in the capitol riots.

James was arraigned on new charges earlier this week but pleaded not guilty.

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