Two Men Plead Guilty to Felony Charge for Actions During Jan. 6 Capitol Breach
One Defendant Was a Proud Boys Leader, Other Wrote “Murder the Media” on a Capitol Building Door
News Release from US DoJ, Sept 9, 2022
WASHINGTON – Two men – including the founder of the Hawaii chapter of the Proud Boys -- pleaded guilty today to a felony charge for their actions during the breach of the U.S. Capitol on Jan. 6, 2021. Their 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 presidential election.
Nicholas Ochs, 36, of Honolulu, and Nicholas DeCarlo, 32, of Fort Worth, Texas, pleaded guilty in the District of Columbia to obstruction of an official proceeding.
According to court documents, Ochs is the founder of the Hawaii chapter of the Proud Boys. The Proud Boys describe themselves as members of a “pro-Western fraternal organization for men who refuse to apologize for creating the modern world, aka Western Chauvinists.” As of Jan. 6, 2021, Ochs also was an “Elder” within the Proud Boys. Elders had a senior leadership role within the group, with responsibilities including the approval of new chapters.
Ochs traveled from Honolulu to Washington, D.C., arriving on Jan. 5. That night, he stayed at a hotel in Virginia with DeCarlo, who had traveled from Texas. The two attended a rally at the Ellipse on Jan. 6 and then marched to the Capitol, where they joined other people who were illegally on the grounds. They arrived at the West Front, near scaffolding in place for the inauguration. A line of police was attempting to keep the mob from the inaugural stage. Both men threw smoke bombs at the police line.
They then climbed the stairs to the Upper West Terrace. At approximately 2:23 p.m., Ochs and DeCarlo illegally entered the Capitol through the Senate Wing Doors. They moved through the Crypt (where they filmed themselves smoking cigarettes), Capitol Visitor’s Center, East Foyer, Statuary Hall, and the Rotunda before exiting at 3 p.m.
Then, they approached the Chestnut-Gibson Memorial Door to the Capitol. There, DeCarlo wrote the words “Murder the Media” with a marker on the door, as Ochs recorded the action. “Murder the Media” was the name of the men’s social media channel. DeCarlo and Ochs also rummaged through a U.S. Capitol Police duffel bag by the Memorial Door. DeCarlo took a pair of plastic handcuffs. Walking away from the Capitol, with the building visible behind him, Ochs said, “sorry we couldn’t go live when we stormed the f----in’ U.S. Capitol and made Congress flee.”
Ochs was arrested on Jan. 7, 2021, in Honolulu. DeCarlo was arrested on Jan. 26, 2021, in Burleson, Texas. They are to be sentenced on Dec. 9, 2022. They face a statutory maximum of 20 years in prison for obstruction of an official proceeding, as well as potential financial penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Offices for the Northern District of Texas and the District of Hawaii.
The case is being investigated by the FBI’s Washington Field Office, as well as the Fort Worth Resident Agency of the FBI’s Dallas Field Office, and the FBI’s Honolulu Field Office. Valuable assistance has been provided by the Metropolitan Police Department and the U.S. Capitol Police.
In the 20 months since Jan. 6, 2021, more than 870 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 265 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.