A Connecticut man who entered the U.S. Senate chamber on Jan. 6, 2021 is asking a federal judge to dismiss the most serious charge.
The attorney representing Richard Crosby, Jr. filed a motion to dismiss on Friday.
Crosby, 27, was seen on video standing next to another Jan. 6 defendant, Jacob Chansley, who is also known as the QAnon Shaman.
In his motion, Crosby's attorney said Crosby was not part of the crowd that broke through the barriers of the U.S. Capitol or fought with police, but freely walked into the building.
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"Once inside, there was a crowd of approximately 300 people and more were flowing in the through the same door through which Mr. Crosby entered. According to Crosby’s statement to the FBI, the flow of the crowd led him to the
Senate chambers," the motion said.
Crosby's attorney said Chansley entered the Senate from a different door and made his way up to the dais, followed by Crosby and others.
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Once police arrived and asked the crowd to leave, Crosby returned to his hotel, according to the motion.
Crosby pleaded not guilty to six counts, five of which are misdemeanor charges.
His attorney argues the felony obstruction of Congress charge should be dropped because Crosby did not engage in any violence or destruction, and said the only thing that sets Crosby apart from hundreds of others who entered the Capitol that day is that he was in the Senate chamber.
The motion says the government, "has selected Mr. Crosby for felony prosecution based on his geographic location in the building and its symbolic value.”
A motion hearing is scheduled for July 26 in the United States District Court for the District of Columbia.
