Illinois residents Kelly Lynn Fontaine and Brian Dula, identified as a couple, were arrested by authorities recently for allegedly participating in the Capitol riot on January 6, 2021, spurred by lies tracing to Donald Trump about the then-recent presidential election.
The two are facing allegations of trespassing and disorderly conduct and were accused by federal authorities of being among the January 6 participants who actually entered the Capitol building, a subset where prosecutors have focused.
The Chicago Sun-Times reported, based on documents from the proceedings against Fontaine and Dula, that they actually admitted to having entered the Capitol. They do not appear to be accused of perpetrating any violence, though they were allegedly in the vicinity of it. Elsewhere, a D.C. appeals court already upheld the usage of a disorderly conduct charge against a Capitol riot defendant whose personal conduct arguably wasn’t, when considered in isolation, “disorderly.” The idea was that their actions still went against established, legal expectations for “order” that day, including the Capitol’s restricted perimeter.
While “determining whether an act is disorderly, the act cannot be divorced from the circumstances in which it takes place,” the judges delivering that ruling said, as highlighted by POLITICO. Thus, with Capitol riot cases generally in D.C. court, there’s precedent for still moving forward with serious legal consequences anyway.
Courtroom info says Fontaine was appointed a defense lawyer, public defender Daniel Hesler. She secured release from custody. “Defendant is to be released on a personal recognizance bond. Defendant was admonished that she must be present via video conference for her appearance before Judge Faruqui on 2/13/24 at 12:30 p.m.,” a court order said. Dula wasn’t mentioned. His involvement in allegations of criminal activity on January 6, 2021, was the subject of news reports.
Trump himself, meanwhile, has not wavered from his general support for participants in the attack, recently referring to detainees with allegations originating in the day’s chaos as “hostages,” drawing criticism.
