Tuesday, January 19, 2021

Wilmington man charged with online threats, witness tampering regarding his participation in protests at U.S. Capitol

 CINCINNATI – A Wilmington man has been charged federally with making interstate threats and threatening a witness. The crimes arise from the man’s alleged communications online related to his participation in the Jan. 6, 2021 riots at the United States Capitol.

Justin Stoll, 40, was arrested this morning by the FBI’s Joint Terrorism Task Force and appeared in U.S. District Court in Cincinnati, at which time his case was unsealed.

According to an affidavit written in support of the criminal complaint pending against Stoll, he used the username “Th3RealHuckleberry” on the app Clapper and on YouTube to post videos related to his participation in the Capitol protests.

In one such video, it is alleged Stoll asks his viewers if he should wear a black United States flag shirt to D.C., stating, “Basically, if you are an enemy combatant, you will be shot on sight…I know this is the end-all flag…”

Stoll also allegedly posted videos of himself outside the Capitol with other protesters in which he said, among other things, “D.C.’s a war zone!...You ain’t got enough cops, baby! We are at war at the Capitol…. We have taken the Capitol. This is our country.”

According to the court document, Stoll received comments from concerned citizens in response to his YouTube videos, including from one user who said (s)he had saved Stoll’s video. Stoll responded via another video, in which he said, in part:

Well, that shows your f------ ignorance because, clearly, the capitol building is owned by the people, so again, nothing will happen. Secondly, I never admitted I went into it, did I? Go watch the video again. Daddy’s not stupid. [Wink.] Third, if you ever in your f------ existence did something to jeopardize taking me away from my family, you will absolutely meet your maker. You can play that for the D.A. in court, I don’t care. If you ever jeopardize me, from being with my family, you will absolutely meet your mother f------ maker, and I will be the one to arrange the meeting.

Interstate communication of a threat is a federal crime punishable by up to five years in prison. Tampering with a witness through intimidation carries a potential maximum sentence of 20 years in prison.

David M. DeVillers, United States Attorney for the Southern District of Ohio, and Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the charges. Assistant Deputy Criminal Chief Timothy S. Mangan and Assistant United States Attorney Julie D. Garcia are representing the United States in this case.

A criminal complaint is merely an allegation, and defendants are presumed innocent unless proven guilty in a court of law.

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