Crime & Courts

Citadel student involved in Jan. 6 Capitol riot offered plea deal, gets OK to travel

A Citadel cadet and another South Carolinian have been offered plea deals to various charges connected to the Jan. 6 storming of the Capitol.

The two men, Citadel cadet Elias Irizarry and his friend, Elliot Bishai, who were at the Capitol together on Jan. 6, have made no decisions on whether to accept the guilty plea offers. Lawyers for both men, whose homes are in York County, said at a Wednesday status hearing that they only received the offers late last week and have not had a chance to fully review them.

Both have been charged with knowingly disrupting a session of Congress, disorderly conduct in a federal building, demonstrating in a Capitol building and entering and remaining in a Capitol building.

Details of the offers extended to the pair were not publicly available Wednesday in their virtual hearing before U.S. Judge Tanya Chutkan in Washington.

All criminal cases against alleged participants in the Capitol riot are being handled through the U.S. Attorney’s office in Washington.

Churkan set Feb. 23 as the next date to hear whether the pair will accept the government’s plea offer.

She did, however, on Monday allow Irizarry to travel to Germany over the Christmas holiday, according to court filings. Irizarry is a sophomore at South Carolina’s military college, The Citadel.

Chutkan granted the permission after she received a letter from Irizarry’s mother, Lorraine Irizarry, who said she is raising him without a father and they have no relatives living close. Because she is a flight attendant, Irizarry’s mother said, she is able to fly to Germany with her son for free, and her only other child, a daughter, lives in New Orleans.

“I wanted to share memorable experiences with them. Both my children love to travel and learn about different cultures, so we have chosen to instead travel,” wrote Irizarry’s mother, who said she doesn’t have much money. “Christmas day is also my birthday, so having this opportunity to share this experience with them is truly a gift. Being away also helps with the pain of not having family to share this time with.”

She continued, “Elias’ passport is expired but our congressman’s office is willing to help to expedite if we are granted permission on time. Elias will be in my care and I can assure you there will not be a problem.”

She also wrote, “Aside from this lack of judgment for which he is now facing these charges, I share the truth from my heart that Elias has ALWAYS been a young man of honor, integrity, and deep faith. He has never — not once — been in trouble at school, elsewhere, or even grounded.”

At the end of Wednesday’s hearing, Chutkan wished Irizarry “a safe trip.”

“Thank you, your Honor,” Irizarry said.

The judge also also told Bishai, who said he was in firefighter training, “You be careful out there.”

“Thank you, I will,” Bishai replied.

“Gentlemen,” she added last, “stay out of trouble.”

Elias Irizarry atop the U.S Capitol building on Jan. 6, 2021.
Elias Irizarry atop the U.S Capitol building on Jan. 6, 2021. Provided by: Federal Bureau of Investigation U.S. federal court records

SC men face Capitol riot charges

Bishai and Irizarry were arrested by the FBI in March and were arraigned in federal court in Columbia, where assistant U.S. Attorney Elliott Daniels told a magistrate judge that evidence in the case showed they entered the Capitol through a broken window with a mob numbering in the hundreds.

“There is no question that they knew it was wrong, ... and they knew it was a crime,” Daniels told Magistrate Judge Paige Gossett in March.

Daniels said surveillance videos shows both men entering the Capitol through a window that others in the mob had broken out. Evidence against the two men includes numerous videos and photos of the two inside the Capitol, Daniels said.

Photos in the court records show Irizarry was carrying a metal pipe and wearing a red “Make America Great Again” hat. Bishai wore a red hat. The two were with a third man, Grayson Sherill, of Texas, who wore a red “Make America Great Again” hoodie. All three face the same charges.

Daniels told Gossett that if surveillance tapes had shown the men carrying weapons into the Capitol or engaging in vandalism, the charges would have been more serious.

Gossett released the men on $25,000 unsecured bond each.

The Jan. 6 riot halted Congress’ joint session to certify the Nov. 3 election of President Joe Biden and caused U.S. House and Senate members to flee. The certification was the last step in formalizing Biden’s election. Trump and associates had for weeks beforehand made false and unfounded claims that Democrats had committed massive voter fraud and the election had been stolen.

Court actions and investigations into events on Jan. 6 are playing out in numerous arenas.

The Justice Department and FBI have arrested more than 700 people in connection with the riot, including more than 220 who are accused of impeding or assaulting law officers at the Capitol.

A U.S. House select committee is investigating the causes of the riot and whether there was any coordination, and how much, between the rioters and the White House.

Earlier this week, the District of Columbia attorney general filed a lawsuit against the Proud Boys and the Oath Keepers organizations and dozens of their members for their alleged involvement in the riots.

This story was originally published December 15, 2021 at 4:13 PM.

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John Monk
The State
John Monk has covered courts, crime, politics, public corruption, the environment and other issues in the Carolinas for more than 40 years. A U.S. Army veteran who covered the 1989 American invasion of Panama, Monk is a former Washington correspondent for The Charlotte Observer. He has covered numerous death penalty trials, including those of the Charleston church killer, Dylann Roof, serial killer Pee Wee Gaskins and child killer Tim Jones. Monk’s hobbies include hiking, books, languages, music and a lot of other things.
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