A federal grand jury in the District of Columbia has returned an indictment against Proud Boys Hawaii founder Nicholas “Nick” Robert Ochs and a suspected accomplice from Texas, charging them with conspiring to obstruct Congress’ certification of the Electoral College vote count in the 2020 presidential election, defacing the U.S. Capitol and stealing flex handcuffs belonging to Capitol Police.
Ochs, 34, and Nicholas DeCarlo, 30, were each charged with conspiracy to obstruct an official proceeding, theft of federal government property, destruction of federal government property and three counts of unlawful entry, disorderly conduct or violent conduct in restricted buildings or grounds.
The men each face a maximum sentence of up to 20 years in prison and a fine of up to $250,000, if convicted.
An arraignment is expected be held before a U.S. District judge in the coming days.
The indictment unsealed Wednesday alleges Ochs and DeCarlo, also known as Dick Lambaste and Dick NeCarlo, raised funds online to travel to Washington, D.C., from Hawaii and Texas, respectively, to stop or delay a congressional joint session of the Electoral College vote to certify Joe Biden’s presidential win in the election.
Law enforcement set up barriers to restrict access to the Capitol on Jan. 6 as the entire complex — including the Capitol building, Capitol Visitor Center and Capitol grounds including the exterior plaza — were off-limits to the public.
The indictment further alleges Ochs and DeCarlo and other individuals unlawfully entered the building that day shortly after a first wave of people breached the building.
Rioters broke windows, rammed doors open and assaulted dozens of Capitol Police officers and officers of the Metropolitan Police Department in the insurrection, according to the charging document.
The siege resulted in five deaths, including Capitol Police officer Brian Sicknick, 42, who died the next day from injuries sustained while defending the Capitol, and Ashli Babbitt, 35, of Huntington, Md., who was fatally shot while attempting to enter the House chamber through a broken window.
The violent siege halted certification proceedings and members of the House and Senate were evacuated from their chambers. The joint session reconvened later that night and Congress affirmed Biden’s victory in the presidential election.
On the day of the siege, Ochs and DeCarlo posted live photos and videos of themselves on social media while inside the Capitol.
They are also accused of defacing the Memorial Door of the Capitol. A photo shows the men in a thumbs-up pose next to the door with “Murder The Media” scrawled on it. DeCarlo is also wearing a shirt in the photo with “MT Media” emblazoned on it.
Federal authorities has said DeCarlo purported to be an employee of “MT Media News.”
Both Ochs and DeCarlo also claimed to different news organizations that they were there working as journalists.
The U.S. House Periodical Press Gallery, which is in charge of administering congressional passes, said the office did not issue credentials to them.
At some point after they entered the Capitol, the indictment alleges, the two men stole a pair of flex handcuffs belonging to the Capitol Police.
Ochs has retained Washington, D.C.-based attorney Edward Macmahon to represent him.
His former attorney, Myles Breiner, who is based in Honolulu, said he was not surprised by the additional charges against Ochs.
Numerous live photos and videos of the Capitol siege were posted on social media and images were sent to federal authorities by tipsters.
Breiner, who does not support the Capitol siege, said supporters of former President Donald Trump were at the Capitol at “the behest and insistence” of Trump.
The former president faces a Senate trial after the House impeached Trump, charging him with “incitement of insurrection.” The House accused Trump of fueling his supporters with repeated false claims of election fraud.
Ochs is the founder of the Hawaii chapter of Proud Boys, a far-right extremist group. In 2017, NBC Left Field of NBC News interviewed a group of Proud Boys in Texas that included DeCarlo.
Decarlo-Ochs Indictment by Honolulu Star-Advertiser
