Pennsylvania Man Sentenced for Capitol Breach Assault

A Pennsylvania man was sentenced yesterday for assaulting law enforcement officers 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 that was in the process of ascertaining and counting the electoral votes related to the presidential election.

Barton Wade Shively, 55, of Mechanicsburg, Pennsylvania, was sentenced to 18 months in prison, for two counts of assaulting, resisting, or impeding law enforcement officers. Shively pleaded guilty on September 21, 2022. In addition to the prison term, U.S. District Court Judge Jia M. Cobb ordered 36 months of supervised release and a fine/restitution of $2,000.

According to court documents, on Jan. 6, 2021, Shively attended a rally at the Ellipse and then walked to the U.S. Capitol, where he unlawfully entered the grounds. He got past broken-down police barriers and went up the steps of the Capitol. While there, Shively assaulted one officer by striking the officer’s hand, and head and shoulder areas. He also assaulted another officer, grabbing the officer’s jacket and yelling at the officer.

Shively was arrested on Jan. 19, 2021, in Harrisburg, Pennsylvania.

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 Middle District of Pennsylvania.

The case is being investigated by the FBI Philadelphia Field Office’s Capital Area Resident Agency and the Washington Field Office, which identified Shively as #55 on its seeking information photos. Valuable assistance was provided by the Metropolitan Police Department and the U.S. Capitol Police.

In the 28 months since Jan. 6, 2021, more than 1,000 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 320 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.

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

Public Release. More on this here.

Pennsylvania Man Sentenced for Capitol Breach Assault

A Pennsylvania man was sentenced today in the District of Columbia for assaulting law enforcement officers and other charges for his actions 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 presidential election.

Robert Morss, (29), of Glenshaw, Pennsylvania, was sentenced to 66 months in prison for assaulting, resisting, or impeding officers with a dangerous weapon, obstruction of an official proceeding, and robbery. Morss was convicted on August 23, 2022, following a stipulated trial before U.S. District Court Judge Trevor N. McFadden, who also ordered 24 months of supervised release and restitution of $2000.

Morss was charged along with 8 other co-defendants. Six of the codefendants, including Morss, have now been sentenced for their roles in the riot, while three codefendants are scheduled for trial later in 2023.

According to court documents, on Jan. 6, 2021, all of the codefendants illegally entered the Capitol grounds. They joined in the violence that occurred in the tunnel area of the Capitol’s Lower West Terrace. From approximately 2:40 p.m., law enforcement officers maintained a line at the second set of glass doors inside the tunnel leading from the inaugural platform to the entrance to the Capitol. These officers fought a group of rioters – including the defendants – inside the tunnel, protecting the doors, until approximately 3:19 p.m. when they cleared them from the tunnel. Clashes continued throughout the afternoon.

Morss joined the crowd gathering on the West Front of the Capitol grounds at approximately 2 p.m. He was wearing a vest with body armor plates and had a black knife sheath and scissors. Morss moved to the front of the line of rioters squaring off with law enforcement officers. He then attempted to steal a police-issued baton from an officer with the Metropolitan Police Department (MPD). He also removed a bike rack fence from the immediate control of an MPD sergeant, leaving no barrier between the police officers and rioters. He yelled out to several officers, “Take a look around. We are going to take our Capitol back.”

Morss then joined a line of rioters that pushed officers back and followed them up to the Lower West Terrace. At approximately 3:03 p.m., he participated in a heave-ho motion in which the rioters rocked against the police line. He wrested a riot shield from an MPD detective and passed it back in the tunnel, towards other rioters. He and others then created a wall of shields that they used to continue with the heave-ho efforts. Morss later joined several other rioters in climbing through a broken window. Morss entered an office within the Capitol, took a chair, and passed it out of the broken window to the rioters outside.

Morss was arrested on June 11, 2021.

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 Offices for the Western District of Pennsylvania, the Eastern District of Texas, and the Eastern District of Virginia.

The cases were investigated by the FBI’s Washington, Pittsburgh, and Dallas Field Offices. Morss was identified as #147 on the FBI Washington Field Office’s seeking information photos. Valuable assistance was provided by the FBI’s Richmond Field Office, the Metropolitan Police Department and the U.S. Capitol Police.

In the 28 months since Jan. 6, 2021, more than 1,000 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 320 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.

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

Public Release. More on this here.