36-year-old Oklahoma man Levi Roy Gable has become one of the latest Capitol riot participants to face federal criminal charges — and Gable is facing these charges after federal authorities accumulated evidence including a tip from a former college fraternity brother of Gable’s who was Facebook friends with him. Gable apparently posted a series of nearly a dozen videos on Facebook showcasing various moments around the riot.
During an interview with FBI personnel, Gable repeatedly denied going inside the Capitol, although federal investigators also uncovered surveillance footage and cellphone records outlining Gable’s presence inside the building. As reported by The Oklahoman, the “fraternity brother reported Gable to the FBI on Jan. 10, 2021, and later provided agents videos and a snapshot of [a] post about being one of the first inside.” It’s apparently been some 15 years since Gable and the former fraternity brother, who wasn’t named by the FBI, were in college. Gable eventually deleted his Facebook profile after the riot; he claimed to the FBI that he did so after hearing of supposed harassment against Trump supporters who were in D.C. last year for the large, pre-breach rally.
The Facebook post provided to the FBI by that former frat brother contained truly remarkably ridiculous claims about what went on at the Capitol. “We pushed through the halls end to end, with no violence, no punches thrown or bullets fired, room to room, moving throughout the halls, letting our voices be heard,” Gable wrote. “[Police] were vehemently restricting access to some areas… While it did get a little tense at times and there was certainly a few doors forced open, it was peaceful.” It boggles the mind to imagine that someone could have spent considerable time around and inside the Capitol during the riot and credibly — in their own mind, at least — described what happened as peaceful.
“It was later that things turned noticeably more violent, after the number of protestors were EXPONENTIALLY reduced and the majority of us who came to let our voices be heard felt we had accomplished just that and headed back to our hotels,” Gable added in the post. If he goes to trial, he can try the “it was peaceful” defense there — although every jury trial for a Capitol rioter so far has ended the same way, with convictions on all counts. The seemingly most recently concluded trial, for New Jersey’s Timothy Hale-Cusanelli, saw the defendant claim he didn’t actually intend to commit obstruction of an official proceeding because he supposedly didn’t know Congress met at the Capitol.
Gable now faces four misdemeanor charges — although even misdemeanor charges can result in jail-time, even if the defendant pleads guilty instead of going to trial. Illegally parading, demonstrating, or picketing inside the Capitol (a misdemeanor) comes with a potential of up to six months in jail if found guilty. “I was among the first people to make our way into the US Capitol Building,” Gable apparently posted on Facebook. He’s far from the first rioter to explicitly outline their actions on social media. One recently charged rioter — Illinois man Matthew Bokoski — even directly referenced federal law under which he’s now been charged. “So only thing I’m guilty of is trespassing on federal property if you want to get down to it,” Bokoski said in remarks on Facebook. Now, he’s charged with illegally entering and remaining in a restricted building.
