WASHINGTON — Note: The video above is from a report on Jan. 6, 2022.
A federal judge has agreed to dismiss an obstruction of justice charge for a Jan. 6 U.S. Capitol riot suspect from North Texas.
U.S. District Judge Carl J. Nichols made the decision on Monday while considering a motion to dismiss the charge brought forth by Richardson, Texas man Garret Miller.
According to court documents, federal prosecutors had argued that Miller's alleged involvement in the riot "obstructed, influenced or impeded" Congress' ability to certify the Electoral College vote of the 2020 presidential election.
However, Nichols ruled that prosecutors did not provide evidence that Miller himself directly interfered with Congress' certification -- rather, they alleged he was part of the "violent mob" at the Capitol.
The obstruction of justice count is one of 12 charges that Miller faces. His other charges include assaulting a police officer and disorderly conduct in the Capitol building.
The North Texas man was arrested two weeks after the Jan. 6 riot. Court documents revealed that he was photographed inside the Capitol rotunda.
The FBI said it found social media posts that placed Miller at the Capitol on that day and that he had also threatened to assassinate congresswoman Alexandria Ocasio-Cortez. Miller also faces a charge for that alleged threat.
Court documents stated that Miller wrote we wanted to use a rope to execute a Capitol police officer who fatally shot Ashli Babbitt, a female protestor who tried to climb through a shattered window on a door.
Miller was wearing an "I Was There" shirt in reference to the events at the Capitol at the time of his arrest, according to authorities.
The Richardson man remains in custody as he awaits his trial. He had pleaded not guilty to his counts in May 2021.