Judge rules man from Arab charged for role in U.S. Capitol riot will stay in custody

Stay with WAAY 31 for updates.

Posted: Mar 11, 2021 2:34 PM
Updated: Mar 11, 2021 10:58 PM

Update: Joshua James will remain in custody, pending a trial in Washington D.C.

The judge found the government presented enough evidence and expressed concerns about James’ access to firearms. The judge also said there’s a substantial amount of evidence supporting the charges.

Joshua James

From earlier:

A man from Arab charged for his role in the U.S. Capitol riot is in court on Thursday in Birmingham.

Joshua James has a detention hearing. Either his bond will be set while he is continued to be held in federal custody or a judge will release him until his next court date.

James is charged with obstruction of justice and being on restricted grounds. He was taken into custody in Arab on Tuesday, coinciding with a home the FBI raided that same day.

The prosecution said it won’t be arguing that James is a flight risk, and their argument will be a “dangerous to community argument.”

They are going through the search warrant and affidavit at the hearing, and we learned James was arrested away from the home. An FBI agent said James told him he was grateful they arrested him away from his family.

It was also said during the hearing that guns and ammo were found during the search but were not seized, because none of them are illegal. This includes a shotgun, hunting rifle, three AR 15-style rifles, two pistols and a can of 556 or 223 ammunition that appeared to be loose.

They also said Oath Keeper clothing, patches and brochures were found.

The defense said there is no cell phone evidence of the content, but the affidavit mentions phone calls between James and some instigators that day.

The defense also emphasized there isn’t anything unusual about having ammo for your guns, and they brought up his wife. She was cross-examined by the prosecution.

We’ll let you know what comes out of the hearing. Stay with WAAY 31 on air and online for updates.

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