WASHINGTON, D.C. — The judge in the federal government’s case against Mercer County residents Donald and Shawndale Chilcoat, charged for their alleged actions during the Jan. 6, 2021, riot at the U.S. Capitol Building, ruled late last week that no further delays in the couple’s case will be tolerated, save for “extraordinary circumstances.”
Several issues were addressed by U.S. District Judge Colleen Kollar-Kotelly during the Oct. 25 hearing. Included was a motion to withdraw by defense attorneys Joseph McBride and Bradford Geyer that was filed in August.
Kollar-Kotelly said the court held that motion in abeyance because the parties had reached a plea agreement (which was ultimately rejected) and at the most recent status hearing because the defendants reported they were actively seeking new counsel.
At an earlier hearing, the Chilcoats reported they intended to waive their right to counsel and defend themselves at trial.
At the Oct. 25 hearing, the judge asked the defendants why they had changed their minds about securing new attorneys. Donald Chilcoat reported he and his wife had met with prospective counsel near their home in Ohio and were unable to find an attorney who would take on their case, according to court documents.
After confering with a representative from the federal public defenders office, the Chilcoats reported that they were no longer interested in representing themselves at trial.
The court also heard the government’s objection to further delay in this case stemming from the defendants’ repeated difficulties with legal counsel.
“Absent extraordinary circumstances, the court will not entertain further delay resulting from changes in defendants’ representation,” the judge ruled.
A status hearing was scheduled via Zoom for Dec. 4.
Arrested 2-plus years ago
Donald and Shawndale Chilcoat were among rally participants who illegally entered the Capitol Building to protest the election results on Jan. 6, 2021, according to the FBI.
They were arrested Aug. 11, 2022, in connection with their actions during the insurrection that took place at the Capitol, when thousands of people gathered to protest as the U.S. Congress was to formally certify the results of the 2020 presidential election which saw Joe Biden defeat incumbent Donald Trump.
The Chilcoats had tentatively accepted a plea offer from federal prosecutors and were expected to plead guilty in September to three of 13 federal charges against them. At a change-of-plea hearing later that month, the Celina residents made a last-minute rejection of the government’s offer.
The plea deal reportedly called for the couple to plead guilty to disorderly and disruptive conduct in a restricted building or grounds; entering and remaining on the Floor of Congress; and failure to appear for a pretrial hearing. According to court records, in exchange for their pleas, the government was prepared to dismiss remaining charges that include multiple counts of obstruction of an official proceeding; disorderly conduct on Capitol grounds and in any of the Capitol buildings; and demonstrating or picketing in any of the Capitol buildings.