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Former Three Percenter says he took a gun to January 6 Capitol attack

Trial set for Texas man in January 6 attack
Texas man to face trial over alleged role in January 6 Capitol attack 08:43

Washington – The one-time communications director of the far-right Texas Three Percenters militia group, now a government witness, told a jury that he and his former associate, defendant Guy Reffitt, brought firearms to Washington, D.C., and zip ties and radios to the Capitol grounds on January 6, 2021, ahead of the assault on the U.S. Capitol. 

Rocky Hardie, of Texas, took the stand on Friday after entering an agreement with prosecutors that grants him immunity against crimes discussed as part of his testimony. 

Hardie said he took a loaded handgun strapped to a shoulder sling to the Capitol and that Reffitt, too, brought firearms to the Washington, D.C., area. 

Although Hardie said he did not see a handgun on Reffitt's person as the two made their way to the Capitol, he testified that Reffitt always had the handgun holstered on his hip during the time period leading up to the January 6 Capitol attack. 

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January 6 defendant Guy Reffitt (L) with Rocky Hardie (R) U.S. Government exhibit

Reffitt, of Wylie, Texas, is on trial for transporting a rifle and a semi-automatic handgun to Washington, D.C., and then carrying the handgun onto U.S. Capitol grounds, where he allegedly participated in the January 6 riot and threatened law enforcement officers. 

He is also charged with obstruction of justice, illegally entering the Capitol complex and obstructing Congress' counting of the 2020 Electoral College votes — a process that ultimately affirmed Joe Biden's victory over Donald Trump in the presidential election.

Hardie told jurors he first met Reffitt when the two both joined the Texas Three Percenters. "They support law enforcement and they believe in supporting the Constitution," he said. Reffitt was in charge of investigating new members of the organization and even held meetings at his home, Hardie said. 

Hardie said he and Reffitt shared "similar views" about Congress and the belief that the 2020 presidential election had been "stolen" from Trump.

When prosecutors asked Hardie if he still believed the election was stolen, he responded, "Today, yes, I do," describing it as a "catastrophic event." 

Hardie said he wanted to travel to Washington, D.C. on January 6 in an attempt to stop the certification of the votes by Congress. "The objective was that by our presence there, they would not certify the vote that day." 

As he and Reffitt traveled to Washington, Hardie said they talked about how they had to "get the bastards out of there." Hardie said he joked that Speaker of the House Nancy Pelosi had to be  "dragged out by her ankles or her feet or something," before her head went "boom-boom-boom" down the Capitol steps. 

But Hardie also said that at that time, he "thought that was impossible" to breach the Capitol. 

He and Reffitt were the only two members of the Texas Three Percenters to make the nearly 24-hour drive to Washington, D.C. ahead of the Capitol riot, Hardly told the jury. They both brought handguns and semi-automatic rifles on their trip, reassembling the rifles once they were in the parking lot of their hotel on the morning of January 6, 2021 anticipating violence. 

He said they brought the rifles with them on the trip, though they knew it was against Washington, D.C. law, reasoning that "it's better to be tried by a jury of 12 than carried by 6." 

"There could be violence on the streets from these violent groups like ANTIFA," Hardie said of the fears he and Reffitt had. "The idea was if these people were hurting other human beings, then we would use ARs against them."  It was then that Hardie said Reffitt handed him the zip ties. They left the assembled rifles in their car at the hotel and did not bring them to the Capitol. 

 The FBI found no evidence that ANTIFA had any involvement in the January 6 rioting.

The pair first headed toward the National Mall, Hardie recounted, taking pictures as the large crowd listened to former President Trump's "Save America" rally speech. Hardie said they did not stop to listen.

Reffitt and Hardie became separated, Hardie said, but stayed in radio contact. When he finally made his way to the Capitol grounds, he said he saw rioters climbing the scaffolding, "like spiders climbing up walls."

Hardie said he did not scale any walls or go up the steps of the Capitol, but he did get close enough to touch the building.

After the Capitol attack, Reffitt and Hardie met back in their D.C. hotel room where Hardie said Reffitt recounted trying to make it into the Capitol building, but said he had to stop after he was pelted with pepper balls and sprayed with chemical irritants. 

"I made it possible for other people to continue" into the building, Hardie said Reffitt had told him.

Investigators say Reffitt and Hardie then traveled back to Texas, where Reffitt's wife and children live.

Days later, Reffitt allegedly told his son and daughter, "If you turn me in, you're a traitor — and you know what happens to traitors...Traitors get shot," Reffitt's son, Jackson, testified Thursday

Reffitt and Hardie met by Zoom with other members of the Three Percenters following the assault and described the riot in Washington, D.C. Not long afterward, the leader of the militia group, who had not traveled with the pair, was taken in for questioning by the FBI. Reffitt was later charged while Hardie started talking with investigators.

Guy Reffitt pleaded not guilty to all five counts and has made a number of unsuccessful attempts to have some of the charges dismissed.

William Welch, Reffitt's defense attorney, questioned Hardie about his deal with prosecutors. "Somebody in the government is gonna decide did I lie or not lie," the witness responded. Since January 6, Hardie said he has traveled to Mexico and Florida for work and has not been charged with a crime. 

As his one-time travel partner looked on, Hardie added that he will be traveling to Thailand for business in the near future. 

Editor's note: This story has been updated to correct the spelling of Rocky Hardie's name.

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