Alleged member of Patriot Boys militia group pleads guilty to assaulting an officer on January 6

Washington – An alleged member of the Patriot Boys militia group, Lucas Denney, has now pleaded guilty to one felony count of assaulting and impeding law enforcement officers with a long pole and large tube on January 6, 2021, after prosecutors acknowledged they had made an "unintentional" procedural error in forgetting to formally indict him as required by law. 

In December 2021, 41-year-old Denney, of Texas, was accused of multiple felonies in a criminal complaint, a charging document that does not require the consent of a grand jury.  He was arrested and detained and has been in jail since December.

After the filing of a criminal complaint, a grand jury has 40 days to bring a formal indictment. Prosecutors in Denney's case did not indict him until March 7, 2021, months after the complaint against him. They charged him on a single count of assaulting or impeding officers with a dangerous or deadly weapon.

His defense team filed an emergency motion to release him from jail because prosecutors had failed to indict him within the legal timeframe; prosecutors agreed that they had erred.

Denney opted to take advantage of the Justice Department's procedural error and plead guilty to the single-count indictment. 

He admitted he had made his way through the large crowd gathered at the Capitol's west front toward an officer and had picked up a "long pole" to swing at the officer, according to court documents. He and another rioter also launched a "large tube" toward police officers guarding the Capitol. 

Denney may still face future charges for other crimes he may have committed on January 6. His legal team has concluded that this is unlikely, though, because of the laws of double jeopardy. There is no formal plea agreement.

"We looked at this issue," defense attorney William Shipley said to the judge, and told him Denney's legal team had concluded the chances of future charges were diminished because of the laws of double jeopardy. 

On the single felony count, Denney faces a maximum statutory sentence of 20 years in prison and a fine of $250,000, but Judge Randolph Moss is likely to impose a less severe penalty. 

Sentencing will be on June 9.