Five Riverside County men charged with Capitol incursion await trials

As of today, five of seven Riverside County men federally charged with offenses stemming from the Jan. 6, 2021, breach of the U.S. Capitol Building are awaiting disposition of their cases, with one defendant vowing to take his to trial to contest the government's allegations.   

Andrew Alan Hernandez, 45, of Jurupa Valley; Derek Kinnison, 40, of Lake Elsinore; Felipe Antonio Martinez, 48, of Lake Elsinore; Ron Mele, 52, of Temecula; Kevin Strong, 45, of Wildomar; Rafael Valadez Jr., 42, of Indio; and Erik Scott Warner, 46, of Menifee are among nearly 900 individuals nationwide whom federal authorities allege entered the Capitol unlawfully.  

Strong is the only one among the Riverside County defendants who has been sentenced, following a March plea agreement with the U.S. Attorney's Office, in which he admitted a misdemeanor count of picketing in the Capitol Building. Three other charges against him were dismissed. He received 24 months' probation.  

Valadez admitted the same offense in a plea agreement with prosecutors in June. He's awaiting sentencing, and like all the Riverside County men, he's free on his own recognizance.

Kinnison, Martinez, Melee and Warner were indicted together by a grand jury, along with two San Diego County men -- 57-year-old Alan Hostetter and 41-year-old Russell Taylor. They're collectively referred to in court documents as "Three Percenters," a group deriving its name from the false theory that only 3% of American colonists initially waged the fight for independence from Great Britain in 1776.

According to the FBI, Three Percenters are akin to a "militia."   

Hostetter was the alleged organizer of their road trip to Washington, D.C., to protest Congress' planned Electoral College vote certification, recognizing President-Elect Joe Biden as the winner of the 2020 presidential election.

Hostetter said in a YouTube video that the election was corrupt, and certifying the results was comparable to stripping citizens of "their Constitutional rights," according to the indictment. He and the other men were part of the larger "Stop the Steal" movement that formed in November 2020.

The indictment states the men coordinated via social media on logistics for their trip. Kinnison said in a Telegram post that they would be transporting "lots of gear, from medical kits, radios, multiple cans of bear spray, knives, flags, plates, goggles, helmets."

He later posted a selfie with a bandolier of shotgun ammunition hung over his shoulders, according to court papers.

The defendant's attorney, Nic Cocis, did not directly address prosecutors' allegations, telling City News Service, "Given that the government chose to label a lot of their evidence as 'highly sensitive
information,' I'm limited in what I can share. What I can say is, Mr. Kinnison looks forward to an open and public trial, where all the evidence is brought to light."  

Attorneys for the other Riverside County defendants did not respond to requests for comment.  

Charges against Kinnison, Martinez, Melee and Warner include obstruction of an official proceeding, entering federally restricted grounds without authorization and tampering with evidence -- trying to delete pictures on their phones. None of the men is charged with assaulting law enforcement officers or damaging federal property.   

The Riverside County men whose images were captured inside the Capitol Building appear to be peaceful. Hernandez entered carrying an American flag with a Go-Pro camera zip-tied to it. Security surveillance photos obtained by the FBI showed the defendant milling about with others.

He posted a social media message prior to joining the protest, saying "They are trying to steal the vote and will perfect and protect their fraudulent voting system when in power."  

Along with picketing and entering federally restricted grounds, he's charged with disorderly conduct at the Capitol.   

Valadez joined tens of thousands of others in marching to the Capitol after hearing then-President Donald Trump speak on the Ellipse. The defendant was in the Capitol for 26 minutes, shooting video of "rioters exiting the office of Sen. Jeff Merkley of Oregon,'' according to court papers.

The joint session of Congress was halted, and members of Congress evacuated the House chamber. Proceedings resumed that night after order was restored.

Strong's attorney argued in a sentencing brief that while "others called for violence (and) yelled at officers, Kevin Strong did not."  

Photos submitted to the court showed Strong following a crowd through the Statuary Hall corridor. He snapped a few pics, spoke to a group of police officers watching protesters, then left, surveillance showed. One of those who captured him on video was "Jayden X," identified by the FBI as reputed Black Lives Matter activist John Earle Sullivan, who also videotaped unarmed protester and Navy veteran Ashli Babbitt, 35, being fatally shot by Capitol Police Lt. Michael Byrd.

Along with Babbitt, three other civilians died at the Capitol that day -- Kevin Greeson, 55, Benjamin Phillips, 50, and Rosanne Boyland, 34. Greeson and Phillips died of apparent heart complications. Boyland was among those massing at the Lower West Terrace tunnel, where she collapsed.

A coroner's finding indicated amphetamine toxicity as her cause of death.

A recently released documentary, "The Truth About January 6th," purportedly showed video of a Metro police officer striking Boyland.   

U.S. Capitol Police said close to 100 police officers filed injury claims after the siege.

"Bodily injuries include injuries to the head, neck, hands, fingers, legs and feet. There were concussions, chemical exposure, chemical burns and post-traumatic stress disorder,'' the agency said in a statement released to City News Service.

Prosecutors said protesters caused $2.73 million in damage in and around the Capitol.