Tennessee Man Arrested on Felony Charges For Actions During Jan. 6 Capitol Breach

Tennessee Man Arrested on Felony Charges For Actions During Jan. 6 Capitol Breach

            WASHINGTON — A Tennessee man has been arrested on felony charges, including assaulting a law enforcement officer, for his actions 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 convened to ascertain and count the electoral votes related to the 2020 presidential election.

            Devin McNulty, 27, of Loudon, Tennessee, is charged in a criminal complaint filed in the District of Columbia with assaulting, resisting, or impeding officers, civil disorder, entering and remaining in a restricted building or grounds, disorderly and disruptive conduct in a restricted building or grounds, engaging in physical violence in a restricted building or grounds, and an act of physical violence in a Capitol Building or on Capitol Grounds. He was arrested on June 13, 2023.

            According to court documents, on Jan. 6, 2021, McNulty was first seen among the crowd located on the west front of the Capitol building. From there, McNulty scaled the retaining wall to reach the upper west terrace of the U.S. Capitol. In surveillance footage, McNulty can be seen walking from the west side of the U.S. Capitol to the north side at 2:52 p.m. McNulty then followed the terrace around to the north door of U.S. Capitol, where a large group of rioters gathered and attempted to breach into the building.

            When McNulty approached the north door, he appeared to be affected by a chemical irritant, causing him to turn back to the crowd. As he did so, McNulty raised and pumped his fist into the air. Later, video footage shows an alarm coming from the Capitol building as well as loud music in the crowd. Eventually, some law enforcement officers moved between the rioters and the north door. One officer told the rioters, “Get back, everyone get back.” When the crowd demands that the officer let them into the Capitol building, the same officer responds, “I can’t do that.” McNulty is visible to the right of the officer.

            Later, additional law enforcement officers arrived to clear the terrace of the rioters. As that happened, McNulty stood in front of the line of officers and violently pushed against one officer’s riot shield multiple times over the course of several seconds. The officer, a member of the Prince George’s County Police Department, was interviewed about the incident after January 6. The officer claimed to distinctly remember the interaction with McNulty as aggressive and persistent. The officer explained that McNulty tried to gain control of their shields and that the officers had to exert increasingly more effort to counter McNulty’s force.

            This case is being prosecuted by the United States Attorney’s Office for the District of Columbia. Valuable assistance was provided by the United States Attorney’s Office for the Eastern District of Tennessee.

            This case is being investigated by the FBI’s Knoxville and Washington Field Offices, which identified McNulty as #485 on its seeking information photos. Valuable assistance was provided by the United States Capitol Police and the Metropolitan Police Department.

            In the 29 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 nearly 350 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.

A complaint or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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