WASHINGTON (CN) — A federal appellate court denied the appeal of Proud Boys leader Charles Donohoe, who wanted to be released from jail pending trial, saying that the North Carolina man who helped plan the Jan. 6 Capitol riot was still a danger to the community.
“Appellant has not shown that the district court clearly erred in finding that no condition or combination of conditions of release would reasonably assure the safety of the community,” U.S. Circuit Judges Judith Rogers, Patricia Millett and Gregory Katsas wrote in a per curiam judgment for the District of Columbia Circuit Court of Appeals.
Donohoe, the 33-year-old president of the Proud Boys chapter in Kernersville, North Carolina, is among several Proud Boys leaders who were charged in a six-count indictment, which includes multiple felonies, related to the Capitol riot. Many members of the far-right extremist group have been arrested and charged.
Along with Ethan Nordean, Joseph Biggs and Zachary Rehl, Donohoe has been ordered to remain in jail pending trial. Each of the co-conspirators lobbied for pretrial release, arguing that they can’t communicate with their attorneys ahead of what is sure to be a lengthy and complex trial. A federal appeals court has already upheld decisions to keep Nordean and Biggs in custody.
According to federal prosecutors, Donohoe, and his co-conspirators were “heavily involved” in planning and organizing Proud Boys participation in the attack on the U.S. Capitol — creating new encrypted messaging chats to keep law-enforcement authorities off their tracks and holding video calls to plan details of the attack.
Donohoe’s attorney Lisa Costner disputed that her client played a leadership role, describing him in a court filing as a family man with a son and a stable job. She also noted that he was a former Marine with great respect for law enforcement.
In June, U.S. District Judge Timothy Kelly upheld Magistrate Judge G. Michael Harvey’s ruling that Donohoe should remain in custody, noting Donohoe’s lack of remorse, his role as a leader, his experience and skills with encrypted communication and evidence that he believes political violence is justified going forward.
Donohoe will remain in jail pending trial, which is tentatively set for May 18.
On Monday, three other Capitol rioters pleaded guilty to their role in the Jan. 6 Capitol riot. Each accepted government plea deals for the charge of parading, picketing or demonstrating in a Capitol building.
Gary Edwards, a Pennsylvania man who was noticed by the FBI after his wife posted about his Jan. 6 experience on Facebook, and Zach and Kelsey Wilson, a married couple from Missouri who went inside House Speaker Nancy Pelosi’s office during the siege, each face up to six months in prison.
Kelsey Wilson, a first grade teacher at a Christian school, was placed on administrative leave after she was charged in August.
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