MetalSucks are reporting that Iced Earth guitarist Jon Schaffer‘s attorneys have filed a motion to have all charges dismissed against him for his alleged involvement in the riot that took place at the U.S. Capitol Building on January 06th, 2021. His attorneys are citing The Speedy Trial Act in their motion, claiming that no indictment or information has been filed within the required time limit of within 30 days of his arrest.
The Speedy Trial Act in part establishes a 30 day time limit of information or an indictment being filed from the date of an arrest or summons of an individual.
Schaffer turned himself into the authorities on January 17th after being sought by both the FBI and the Metropolitan Police Department of the District of Columbia. His attorneys feel that since that time limit has passed without indictment or information, the charges filed against him should be dismissed.
As of earlier this week, Schaffer remained in a Marion County, Indiana jail, awaiting extradition to D.C.. The charges made against him include:
- 1) Knowingly Entering or Remaining in any Restricted Building or Grounds Without Lawful Authority
- 2) Disrupting the Orderly Conduct of Government Business
- 3) Knowingly Engaging in an Act of Physical Violence Against any Person or Property in any Restricted Building or Grounds
- 4) Violent Entry and Disorderly Conduct in a Capitol Building
- 5) Engaging in an Act of Physical Violence in a Capitol Building
- 6) Parading, Demonstrating, or Picketing in a Capitol Building
A ‘Statement Of Facts’ regarding Schaffer‘s arrest can be found over at Justice.gov. In it Schaffer was photographed and caught on film among the rioters to have breached the U.S. Capitol Building. It also alleges that Schaffer used bear spray on United State Capitol Police Officers during the riot.
MetalSucks also note that the sheer number of individuals having been charged for their alleged involvement in the U.S. Capitol Building riot have made for a considerable processing backlog. Since Schaffer‘s arrest, this footage has emerged, appearing to show him within the Capitol Building during the riot.
After news of his involvement and arrest went public, frontman Stu Block and bassist Luke Appleton both resigned from Iced Earth. The band also appear to have been scrubbed from the Century Media roster. Vocalist Hansi Kürsch also left Schaffer‘s Demons & Wizards project.
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