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Carlos Ayala, 52, of Salisbury, has been charged with civil disorder, a felony, and several related misdemeanor charges following his arrest earlier this week.
Officials said that Ayala was arrested on Tuesday by the FBI and made his initial appearance in the District of Columbia before being released back to Maryland.
According to prosecutors, it is alleged that Ayala was among a group of rioters who made their way onto restricted grounds near the scaffolding that had been set up for the inauguration they were protesting on the day of the riot.
During the incident, they said that Ayala wore a sweatshirt hood cinched tightly around his head, a grey 3M-style painter's mask with large filters on each cheek, and, at times, carried a distinctive black and white flag affixed to a PVC pipe flagpole bearing the words "We the People" and "DEFEND" with the image of an M-16-style rifle prominently displayed.
Ayala was captured on video climbing over police barricades, prosecutors said, and he can be seen waving his flag inside one of the windows next to the Senate Wing Door after gathering outside the building.
He was later caught on camera jabbing the flagpole at a US Capitol Police officer, which he grabbed and "pulled into the building to prevent Ayala from knocking his shield away or injuring other officers," officials said.
Ayala proceeded to leave the area seconds after that altercation and he was later caught on body-worn cameras walking the length of a police line outside the Capitol gesturing toward officers and shouting "Join us!"
He was hit with charges that include:
- Knowingly entering or remaining in any restricted building or grounds without lawful authority;
- Knowingly, and with intent to impede or disrupt the orderly conduct of government business;
- Disorderly conduct in a Capitol building;
- Parading, demonstrating, or picketing in a Capitol building;
- Obstruction of law enforcement during civil disorder.
Ayala was released following his initial appearance in DC, though there was further backlash.
Following the announcement of his arrest, Ayala proceeded to resign from his position with the Board of Elections one year into a four-year term.
"I have accepted the immediate resignation of Carlos Ayala," Maryland State Board of Elections Chair Michael Summer said.
"The Board is committed to maintaining the security and integrity of our elections in Maryland in a non-partisan manner," he continued.
"The State Board will remain steadfast in our mission to oversee our elections process and serve as a trusted source of information for all Marylanders during this presidential election year."
Morgan Drayton, policy and engagement manager at Common Cause Maryland called it "sickening to think that Ayala was making decisions about our elections after allegedly participating in the attempted insurrection.
"His disrespect for the voices of Maryland voters and his disregard for the peaceful transfer of power stands in direct contrast to the duties of the Board of Elections," Drayton continued.
"It is concerning that he was allowed to be a part of the Board, but we are grateful that he will be held accountable for his crimes, even if it is three years later."
Complete court documents with details of Ayala's alleged actions on Jan. 6 can be found here.
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