Professional Documents
Culture Documents
Guy Wesley Reffitt Federal Criminal Complaint
Guy Wesley Reffitt Federal Criminal Complaint
Defendant(s)
18 USC 1752(a) Knowingly Entering or Remaining in any Restricted Building or Grounds Without Lawful
Authority
18 USC 1512(a)(2)(C) Obstruction of Justice
Complainant’s signature
01/16/2021
Judge’s signature
Washington D.C. _ _
Printed name and title
Case 1:21-mj-00091-ZMF Document 1-1 Filed 01/16/21 Page 1 of 13
AFFIDAVIT IN SUPPORT OF
CRIMINAL COMPLAINT AND ARREST WARRANT
INTRODUCTION
1. I am a Special Agent with the Federal Bureau of Investigation (“FBI”) and have
held this position since January, 2001. I am currently assigned to a The Safe Streets Task Force
(SSTF) out of the Washington, D.C. Field Office of the FBI. The SSTF is a squad that investigates
narcotics, violent acts and illegal weapons trafficking by gangs in Washington, D.C. and the
2. This affidavit is submitted for the purpose of establishing probable cause. The facts
in this affidavit are based on my investigation, personal observations, training, and experience, as
well as information conveyed to me by other law enforcement officials. Because this affidavit is
limited in purpose, it is not intended to include each and every fact and matter observed by me or
PURPOSE OF AFFIDAVIT
1
Case 1:21-mj-00091-ZMF Document 1-1 Filed 01/16/21 Page 2 of 13
defendant, GUY WESLEY REFFITT (hereinafter “REFFITT”), with one count of Obstruction of
Justice, in violation of Title 18, United States Code, Section 1512(a)(2)(C). This affidavit is also
STATEMENT OF FACTS 1
4. The U.S. Capitol is secured 24 hours a day by U.S. Capitol Police. Restrictions
around the U.S. Capitol include permanent and temporary security barriers and posts manned by
U.S. Capitol Police. Only authorized people with appropriate identification are allowed access
inside the U.S. Capitol. On January 6, 2021, the exterior plaza of the U.S. Capitol was also closed
5. On January 6, 2021, a joint session of the United States Congress convened at the
United States Capitol, which is located at First Street, SE, in Washington, D.C. During the joint
session, elected members of the United States House of Representatives and the United States
Senate were meeting in separate chambers of the United States Capitol to certify the vote count of
the Electoral College of the 2020 Presidential Election, which had taken place on November 3,
2020. The joint session began at approximately 1:00 p.m. Shortly thereafter, by approximately
1:30 p.m., the House and Senate adjourned to separate chambers to resolve a particular objection.
Vice President Mike Pence was present and presiding, first in the joint session, and then in the
Senate chamber.
1
Paragraphs 4 through 19 are repeated from the affidavit in support of the arrest warrant for
Unlawful Entry on Capitol Grounds, which was submitted on January 15, 2021. Newly provided
material begins with paragraph 20.
2
Case 1:21-mj-00091-ZMF Document 1-1 Filed 01/16/21 Page 3 of 13
6. As the proceedings continued in both the House and the Senate, and with Vice
President Mike Pence present and presiding over the Senate, a large crowd gathered outside the
U.S. Capitol. As noted above, temporary and permanent barricades were in place around the
exterior of the U.S. Capitol building, and U.S. Capitol Police were present and attempting to keep
the crowd away from the Capitol building and the proceedings underway inside.
7. At such time, the certification proceedings still underway and the exterior doors
and windows of the U.S. Capitol were locked or otherwise secured. Members of the U.S. Capitol
Police attempted to maintain order and keep the crowd from entering the Capitol; however, shortly
after 2:00 p.m., individuals in the crowd forced entry into the U.S. Capitol, including by breaking
windows and by assaulting members of the U.S. Capitol Police, as others in the crowd encouraged
8. Shortly thereafter, at approximately 2:20 p.m. members of the United States House
of Representatives and United States Senate, including the President of the Senate, Vice President
Mike Pence, were instructed to—and did—evacuate the chambers. Accordingly, the joint session
of the United States Congress was effectively suspended until shortly after 8:00 p.m. Vice
President Pence remained in the United States Capitol from the time he was evacuated from the
9. During national news coverage of the aforementioned events, video footage which
appeared to be captured on mobile devices of persons present on the scene depicted evidence of
violations of local and federal law, including scores of individuals inside the U.S. Capitol building
3
Case 1:21-mj-00091-ZMF Document 1-1 Filed 01/16/21 Page 4 of 13
10. Based on law enforcement review of the video footage, there appear to be dozens
of individuals spraying chemical irritant towards law enforcement officers guarding the U.S.
Capitol Building. Some individuals appeared to be wielding small handheld mace equivalents that
can be easily purchased. Others appeared to be spraying large cans of orange in color liquid which
appears consistent with bear spray and is known to have a higher potency than commercial
chemical irritants as it is designed for large animals. Others still appeared to be employing
chemical irritants from large nozzle-fed cylinders that appear consistent with what law
enforcement agencies would use for crowd control and would not otherwise be commercially
available. It is unclear if those devices were taken from Metropolitan Police Department (MPD)
and/or United States Capitol Police (USCP) officers or if they were brought to the Capitol by
individuals.
11. Law enforcement reports that officers also deployed chemical irritants to attempt
to keep people back from the police line and the U.S. Capitol. Specifically, MPD deployed, among
other things, large canisters of an OC spray with a clear stream/spray, and USCP deployed large
canisters of an OC spray with an orange stream. Individual officers may have also deployed
smaller, handheld canisters. According to MPD, the “standoff” distance for the large canisters of
OC spray is 12 feet; the maximum range as listed by the manufacturer is 25-30 feet.
12. On January 6, 2021, Reuters news service posted to YouTube a video of civil unrest
outside the U.S. Capitol on January 6. 2 Starting at about 20 seconds into the video, a white male
is visible on the West Front of the U.S. Capitol Building, on the north staircase, between the Lower
2
The video is available here:
https://www.youtube.com/watch?v=KYCSjNh1FvA&list=PLZhRxE9191zMYuqM0lM3hAgPa0
CpYn-dH.
4
Case 1:21-mj-00091-ZMF Document 1-1 Filed 01/16/21 Page 5 of 13
West Terrace and the Middle Landing of the Lower West Terrace. The male is wearing a blue
jacket over what appears to be a black padded or tactical-style vest, and he has a black helmet on
his head with what appears to be a Go-Pro-style camera attached. The male appears to be using a
water bottle to flush out his eyes. Below are still frames from the video:
a.
b.
5
Case 1:21-mj-00091-ZMF Document 1-1 Filed 01/16/21 Page 6 of 13
c.
d.
6
Case 1:21-mj-00091-ZMF Document 1-1 Filed 01/16/21 Page 7 of 13
13. On January 7, 2021, Fox News broadcast a program entitled Fox News at Night, 3
with anchor Shannon Bream, about the civil unrest at the U.S. Capitol on January 6. At about 1:00
into the broadcast, a white male is visible on the on the West Front of the U.S. Capitol Building,
on the north staircase, between the Lower West Terrace and the Middle Landing of the Lower
West Terrace. The male is wearing a blue jacket over what appears to be a black padded or tactical-
style vest, and he has a black helmet on his head with what appears to be a Go-Pro-style camera
attached. The male appears to be using a water bottle to flush out his eyes. Below are still frames
a.
b.
3
The broadcast is available here: https://video.foxnews.com/v/6221234520001#sp=show-clips.
7
Case 1:21-mj-00091-ZMF Document 1-1 Filed 01/16/21 Page 8 of 13
c.
14. REFFITT is a licensed driver in the state of Texas. His Texas Driver’s License
number is 14891129. I have studied REFFITT’s Texas Driver’s License photograph and
determined that REFFITT is the person who appeared in the Reuters video that was posted on
8
Case 1:21-mj-00091-ZMF Document 1-1 Filed 01/16/21 Page 9 of 13
15. According to a law enforcement database, REFFITT’s cell phone number is 469-
910-7221.
16. On October 17, 2020, a person with the name “Guy Reffitt” posted a comment on
a website for “Texas Freedom Force.” The commenter provided his phone number as 469-910-
17. GPS data associated with REFFITT’s cell phone places the phone on January 6,
2021, in Washington, D.C., and specifically near the area of the U.S. Capitol Building.
18. On information and belief, the Texas Freedom Force is a militia extremist group.
19. Based on my training and experience with chemical irritants, and my knowledge
and review of the civil unrest at the U.S. Capitol Building on January 6, 2021, it appears that
REFFITT was at or past the police line protecting the Building, and was sprayed in the eyes with
some sort of chemical irritant. I know that chemical sprays such as oleoresin capsicum, also known
as “OC” spray or “Pepper” spray were used by both law enforcement personnel and rioters. I have
seen evidence that rioters used a form of OC spray called Bear Spray, which contains the same
oleoresin capsicum (as in pepper spray) as well as other similar chemicals more broadly called
“capsaicin and related capsaicinoids” or CRC. In my training and experience, a chemical irritant
such as bear spray or OC spray will leave a residue on clothing and will apparent based on smell
and appearance.
20. On January 16, 2021, FBI agents executed a search warrant on REFFITT’s home
in Wylie, Texas. Present during the execution of the search warrant were REFFITT, REFFITT’s
spouse (Spouse), and REFFITT’s minor daughter (Daughter). REFFITT’s adult son (Son) came
9
Case 1:21-mj-00091-ZMF Document 1-1 Filed 01/16/21 Page 10 of 13
to the house during the execution of the search warrant. FBI agents arrested REFFITT on the
outstanding arrest warrant for Unlawful Entry that was issued on January 15, 2021.
21. Son provided the following information: Son usually lived at the house, but
sometimes stayed elsewhere. Son was present on the night of January 8, 2021, when REFFITT
and another man drove up in Spouse’s car. On that night and in the ensuing days, REFFITT told
Son and other family members that REFFITT was at the U.S. Capitol on January 6, 2021, when
individuals took over the Capitol. REFFITT told Son and other family members that REFFITT
went to Washington, D.C., to protect the country, that REFFITT brought his gun with him, and
that “we” (apparently meaning REFFITT and/or others) “stormed the Capitol.” REFFITT stated
that REFFITT had recorded some of the events on his Go Pro camera that REFFITT was wearing
on his helmet.
22. Son provided the following information: On or about Monday, January 11, 2021,
while REFFITT was in REFFITT’s home with Son and Daughter, REFFITT stated that REFFITT
had to “erase everything” because the FBI was now watching REFFITT. REFFITT further told
Son that if Son crossed the line and reported REFFITT to the police, putting the family in jeopardy,
REFFITT would have no option but to do REFFITT’s duty for REFFITT’s country, and “do what
he had to do.” Son asked REFFIT words to the effect of, “Are you threatening us?” REFFITT
responded with words to the effect of, “Don’t put words in my mouth.” Son understood
23. Son provided the following information: Shortly after the above threat, REFFITT
threatened Daughter. Specifically, in REFFITT’s presence, Daughter was using her cellular phone
to talk with friends. REFFITT stated to Daughter that if Daughter were recording REFFITT or put
10
Case 1:21-mj-00091-ZMF Document 1-1 Filed 01/16/21 Page 11 of 13
this (meaning REFFITT’s comments) anywhere on social media, then Daughter will have crossed
the line, betrayed the family, and REFFITT was going to “put a bullet through” Daughter’s phone.
Daughter asked REFFITT why REFFITT was making them choose sides and threatening Son and
Daughter.
24. Son provided the following information: Son was aware that REFFITT possessed
two firearms, an AR-15 rifle and a Smith & Wesson pistol. Son saw REFFITT bring the two
firearms from the vehicle into the house when REFFITT returned home on the night of January 8,
2021.
25. Spouse provided the following information: On January 11, 2021, Son and
Daughter stated to Spouse that, during an argument at the house earlier that day, when Spouse was
not at home, REFFITT stated to Son and Daughter words to the effect of: “If you turn me in,
you’re a traitor and you know what happens to traitors...traitors get shot.” Son and Daughter were
very upset.
26. Spouse provided the following information: Spouse did not believe REFFITT
would act on his words and, according to Spouse, neither Spouse nor Son or Daughter felt
27. Spouse provided the following information: Spouse “had words” with REFFITT
about what REFFITT had said to Son and Daughter. REFFITT repeated to Spouse what REFFITT
had said to Son and Daughter about traitors. REFFITT did not indicate regret or take anything
back. Spouse told REFFITT that REFFITT could not say things like that to Son and Daughter
because REFFITT was essentially saying REFFITT would kill them. At that, REFFITT told
11
Case 1:21-mj-00091-ZMF Document 1-1 Filed 01/16/21 Page 12 of 13
Spouse words to the effect of, “he was trying to protect the family, and if someone was a traitor
organization. 4
29. Spouse provided the following information: REFFITT is “super passionate” and
30. Daughter provided the following information: Daughter did not feel that REFFITT
was a threat to anyone in the family. Daughter stated that Daughter did not want to further
31. During the execution of the search warrant at REFFITT’s home, FBI agents located
two firearms (among others): an AR-15 rifle and a Smith & Wesson pistol. On January 16, 2021,
REFFITT stated to agents that REFFITT had brought the Smith & Wesson pistol on his drive from
Texas to Washington, D.C., on or around January 6, 2021, but that REFFITT had disassembled it
32. On January 16, 2021, REFFITT stated to agents that he was at the U.S. Capitol on
4
Upon information and belief, militia extremists sometimes call themselves three percenters (“III%ers” or
“threepers”) based on the myth that only three percent of American colonists took up arms against the
British during the American Revolution. Some III%ers regard the present-day US Government as
analogous to British authorities during the Revolution in terms of infringements on civil liberties. While
many independent or multi-state militia groups incorporate III% in their unit names, the term is less
indicative of membership in a single overarching group than it is representative of a common belief in the
notion that a small force with a just cause can overthrow a tyrannical government if armed and prepared.
12
Case 1:21-mj-00091-ZMF Document 1-1 Filed 01/16/21 Page 13 of 13
33. Based on the foregoing, your affiant submits that there is probable cause to believe
that REFFITT violated Title 18, United States Code, Section 1512(a)(2)(C), which makes it a
crime to use the threat of physical force, or attempts to do so, with the intent to hinder, delay, or
prevent the communication to a law enforcement officer of information relating to the commission
or possible commission of a Federal offense. REFFITT’s unlawful presence on the U.S. Capitol
grounds on January 6, 2021, is a Federal offense, in that it constitutes Unlawful Entry, in violation
CONCLUSION
34. Based on my training and experience, and the information provided in this affidavit,
there is probable cause to believe that on or about January 11, 2021, in the Western District of
Texas, GUY WESLEY REFFITT did knowingly and willingly commit Obstruction of Justice, in
35. Under Title 18, United States Code, Section 1512(i), venue is proper in the District
of Columbia because the “official proceeding” – that is, prosecution of REFFITT and others related
to the civil unrest at the U.S. Capitol on January 6, 2021 – is, and will be, in the District of
Columbia.
_________________________________
SPECIAL AGENT THOMAS B. RYAN
FEDERAL BUREAU OF INVESTIGATION
___________________________________