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Rockland County resident Christopher Kelly, of New City, was charged in US District Court in January after being identified through social media as one of the rioters who allegedly entered the Capitol building on Jan. 6 during the pro-Trump demonstration.
However, federal prosecutors told a judge this week that they plan to drop the case against Kelly, stating that the only known photos of him during the riot only show him outside the Capitol - including one of him shirtless - and there is nothing to prove he ever was inside.
It is the first time that a case against one of the rioters has been dropped due to a lack of evidence.
Officials noted that while the charges were dismissed, they were done so without prejudice, which means that a separate suit could be brought up potentially at a later time.
“The government and defense counsel have discussed the merits of the case, and upon reflection of the facts currently known to the government, the government believes that dismissal without prejudice at this time serves the interests of justice,” a motion to dismiss stated.
An FBI joint terrorism agent was directed to Kelly’s Facebook page on Saturday, Jan. 9 in the days after the riot, where there was a post from late December that read “When good men do nothing, evil triumphs. Evil, sin and sinful men must be opposed. God commands those who are good, not just to avoid evil but actively oppose it.’ Where will you be on 1/6?,” referencing the planned riot.
The post and a screenshot of someone purported to be Kelly in the Capitol led to a search warrant for his account, which provided investigators with his address, name, e-mail account, and other identifying information.
Further investigation into Kelly’s Facebook account found multiple messages and group messages depicting his plans to drive the approximately 250 miles from New City to Washington DC the day before the riots before returning on Thursday, Feb. 7.
Officials said the investigation also found IP addresses documenting locations consistent with travel from New City, New York to Silver Spring, Maryland, near the Capitol, on Jan. 6, and back to the New York area in the days after.
In other Facebook messages sent during the riot on Jan. 6, Kelly repeatedly kept reporting “we’re in!” to different groups while touting that he was with a former member of the NYPD - reportedly his brother - during the insurrection.
“Enjoy the occasion, hope it all goes to plan. Stay safe, Antifa will be out in force,” one Facebook friend said to Kelly shortly before the riot. Kelly responded with, “No worries, I'll be with ex NYPD and some proud boys. This will be the most historic event of my life.”
Kelly also allegedly sent a photo of himself in the Capitol, to which another Facebook user responded with “Are you inside?!” and, ”Want me to share? I won’t tag you unless you want me to.”
Kelly responded, “Sure spread the word, Taking this back by force now, no more bs.” On the following day, Kelly added to the same message, “One guy (I’m) with got his front teeth knocked out but thats (sic) about it.”
Another message from Kelly’s account read “MAGA is here full on. Capitol building is breached.” Minutes later, he added “Tear gas, police, stopped the hearing, they are all headed to the basement,” and, “(expletive) these snakes. Out of OUR HOUSE!”
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