Jon Schaffer Allegedly Pictured At U.S. Capitol RiotMetropolitan Police Department of the District of Columbia

Jon Schaffer’s Legal Team Temporarily Forgoes Rights Afforded By The Speedy Trial Act


Iced Earth guitarist Jon Schaffer has agreed to temporarily forego his previous motion to have all charges against him dismissed in relation to his participation at the U.S. Capitol Building riot on January 06th, 2021.

Last month Schaffer‘s attorney filed that motion for dismissal after claiming the courts had failed to honor The Speedy Trial Act, claiming that no indictment or information has been filed within the required time limit of within 30 days of Schaffer‘s arrest. While the courts had indeed failed to meet that window, his motion has now been withdrawn for the time being as his defense team seeks additional time to prepare their case. Complications from COVID-19 restrictions were cited as a setback behind their reasoning.

MetalSucks obtained a copy of this new filing made in the case earlier today, April 02nd. It extends the period for Schaffer‘s court-ordered pre-trial detainment for an additional 30 days time, shifting the window to May 03rd. It in part states:

‘ORDERED that the period from April 2, 2021 through May 3, 2021 shall be excluded from computing the time within which an information or indictment must be filed under the Speedy Trial Act because the ends of justice served by such a continuance outweigh the interests of the public and the defendant in a speedy trial.”

The deal was partially struck to allow both sides more time for discover and gather evidence to strengthen their respective cases.

Schaffer is currently scheduled to appear in court again on Tuesday, April 06th, for another hearing in relation to being released on bond. Previously he had sought to be released from custody last month, with his legal team arguing that he posed no risk to the community and had no prior record.

Magistrate Judge Zia Faruqui at the time agreed that Schaffer was not a flight risk, but cited his statements made at a prior MAGA rally in November of last year in regards to him being a potential threat, ordering him to be held without bond until trial.

Schaffer‘s charges 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

This ‘Statement Of Facts’ was issued by the U.S. Justice Department in regards to Schaffer‘s arrest several months ago. They allege that Schaffer was seen using bear spray on United States Capitol Police Officers during the incident. Previously released video footage of Schaffer allegedly being among those to have breached the building itself can be found here.

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