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Nicholas DeCarlo, wearing the hat, and Nicholas Ochs pose for pictures during the riots at the U.S. Capitol on Jan. 6, 2021 (U.S. Attorney’s Office).
Federal conspiracy charges have been filed against two members of the Proud Boys who threw smoke grenades at a line of officers guarding the U.S. Capitol during the Jan. 6 riots.
A second superseding indictment filed on Wednesday charges Nicholas DeCarlo, also known as “Dick Lambaste,” and Nicholas Ochs, the founding member of the Proud Boys Hawaii chapter, with conspiracy. In 2022, they were sentenced to four years in prison for their roles in the riots after pleading guilty in September 2022 to obstruction of an official proceeding. They were among Jan. 6 defendants who argued to have their obstruction charges thrown out well before the Supreme Court narrowed the degree to which the specific obstruction charge can be applied in such cases.
Court documents outline their cases and the statements they made with other members of the Proud Boys after the 2020 presidential election. In response to news that “Biden won” the election and that it could lead to “civil war,” Ochs replied, “The odds are with us because of the Supreme Court boys. I’m pro violence but don’t blow your load too soon.”
“Not to be an anti-murder buzzkill but I really think this ISN’T f—ed. Once it is, let’s go wild,” Ochs added, according to court documents.
Authorities said the two raised money online to travel from their home states to Washington, D.C.
In an online post, DeCarlo wrote: “The DemocRats are at it again! This time: THEY’VE STOLEN A WHOLE ELECTION! It’s up to one man, with the help of Nick Ochs, to expose those ‘tolerant’ leftists for their lies and teach them a lesson they’ll NEVER forget: The MAGA TRAIN will KEEP ON ROLLIN’! TRUMP 2020 BABAAAY!”
In Washington, the two attended Donald Trump‘s “Stop the Steal” rally before marching to the Capitol.
As they crossed onto Capitol grounds and approached the Capitol building, Ochs said, “the steal is in fact right here and we are going to stop it,” documents said.
DeCarlo said, “This is where they are going to steal it. And they called on us. They called on us to stop it.”
Near scaffolding in place for the inauguration, Ochs said to DeCarlo, “We’re not supposed to be here. This is beyond the fence.”
“We’re all felons, yeah!” DeCarlo said.
At one point, DeCarlo threw a smoke grenade at the police line.
After throwing it, DeCarlo said, “Oh f—, I just threw it without pulling the pin. God damn it.”
DeCarlo then told Ochs how to operate the smoke grenade before throwing it, saying, “Yeah, pull the pin and throw it.”
Ochs then threw a smoke grenade at the police line.
DeCarlos asked Ochs, “Do you think they are scared in there?”
“Yeah, and I f—ing love it!” Ochs replied.
They allegedly went inside the Capitol building and took pictures of themselves smoking cigarettes in the Crypt.
They posted the moment on social media with the caption, “Hello from the Capital lol.”
DeCarlo noted that Congress had gone into lockdown. DeCarlo yelled, “Where’s Nancy?” and “Where you at, Nancy?”
At one point, in the Rotunda amid other rioters, Ochs and DeCarlo yelled, “Nancy’s office!” and pointed toward a doorway before they exited the building at 3 p.m.
Shortly thereafter, DeCarlo wrote “Murder the Media” with permanent marker on the Chestnut-Gibson Memorial Door while Ochs recorded the moment on his phone. The two allegedly posed for pictures in front of it and posted it on social media.
By the Memorial Door, the two allegedly rummaged through a U.S. Capitol Police duffel bag, and DeCarlo took a pair of plastic zip-tie restraints, officials said.
Walking away from the Capitol, the building visible behind him, Ochs allegedly said, “Sorry we couldn’t go live when we stormed the f—-in’ U.S. Capitol and made Congress flee.”