A federal magistrate judge in Tennessee on Friday ordered the pretrial release of a man who allegedly entered the Senate chamber during the Capitol riot while carrying a taser and zip-tie handcuffs.
The decision to allow Eric Munchel, 30, to await trial in home detention is one of at least five cases where magistrate judges around the country have rejected arguments from prosecutors that alleged participants in the storming of the Capitol should be detained pending trial.
"I have no reason to believe Mr. Munchel is part of an organized, collective action against the government," Frensley said. "The court believes ... Mr. Munchel does not pose an obvious and clear danger to the safety of this community."
"I've made my decision," the magistrate said. "I'm comfortable and confident that the rulings I've made in this case are correct."
Prosecutors stressed Munchel's boisterous behavior in the Senate, shouting phrases such as, "I want that f---ing gavel!"
"He clearly possesses views that are extreme if he was willing to participate in that sort of conduct," Assistant U.S. Attorney Ben Schrader said. "There's no reason to think he wouldn't engage in this conduct in the future. I have no idea what form that would take. He has shown the court what he is willing to do in stark terms."
Assistant U.S. Attorney Ahmed Baset sought to present evidence that on the night of the riot, Munchel threatened and put his hands on a Bloomberg News reporter at a Washington, D.C., hotel. However, Frensley said the evidence portion of the hearing was over and he declined to consider it.
Man who allegedly entered Senate chamber with taser, cuffs is ordered released pending trial
A federal magistrate judge in Tennessee on Friday ordered the pretrial release of Eric Munchel, who allegedly entered the Senate chamber during the Capitol riot.
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