Capitol Rioter's Major Court Victory Is a Rare One

A U.S. Capitol rioter was acquitted of all charges in a surprise ruling after he represented himself in court.

Broadway actor and Oath Keepers member James Beeks and fellow rioter and Oath Keepers member Donovan Crowl both agreed to a stipulated bench trial. They had both been charged on two felony counts—conspiracy to obstruct an official proceeding and civil disorder—in connection with their actions on January 6, 2021. Beeks opted to represent himself—an action that rarely sees success in criminal cases—whereas Crowl retained an attorney.

U.S. District Judge Amit Mehta shockingly ruled in Beeks' favor, acquitting him of all charges, whereas Crowl was convicted on all accounts. Mehta was nominated by former President Barrack Obama.

Beeks' acquittal was shocking because defendants who represent themselves are rarely acquitted. To make the ruling even more surprising, only one person who has been charged in relation to the January 6, 2021, Capitol riot has been acquitted of all charges, according to a report by NPR. The report was first published on February 9, 2021, but is regularly updated and was most recently updated on July 7. Of the 1,064 people who have been charged, 616 have pled guilty. Trials are ongoing.

Before his arrest, Beeks, a professional actor and Florida resident, was portraying Judas in a touring production of the musical Jesus Christ Superstar. Beeks also worked as a Michael Jackson impersonator.

Former federal prosecutor Neama Rahmani told Newsweek that although rare, it's more common for a pro se defendant to be acquitted during a bench trial, such as in Beeks' case, rather than a jury trial.

"Jurors don't like unrepresented parties who don't understand the rules of procedure and evidence and who waste their time. Those types of trials take longer than trials with represented defendants, because judges have to consistently stop the proceedings to explain things to the defendant," Rahmani said. "Judges, on the other hand, can cut through the 'noise' and focus on the actual evidence in the case.

"This is a big loss for the Department of Justice," Rahmani added. "Prosecutors were unable to prove Beeks knew about the conspiracy, even though they were before a favorable, Obama-appointed judge who hadn't been lenient on the Capitol rioters."

Other legal experts also commented on Beeks' ability to successfully defend himself.

"In general, it is very rare for a criminal defendant to represent himself and be acquitted of all charges," former federal prosecutor Michael McAuliffe told Newsweek. "One aspect that makes this case newsworthy is that the defendant is a professional actor. When a person represents himself at trial, the defendant can play the roles of advocate and witness.

"In the Beeks case, the defendant waived his right to a jury trial and was tried by the judge as fact-finder. Judge Mehta acquitted Beeks by finding that the government failed to prove Beeks was aware of any conspiracy much less joined it," McAuliffe added.

Jens David Ohlin, a law professor at Cornell Law School, told Newsweek that the Mehta must have been moved by the "perceived lack of facts" against Beeks.

"The judge was apparently moved by a perceived lack of facts in the record—like witness testimony or video evidence—about what Beeks did once he was inside the Capitol. With the benefit of hindsight, it's clear that Beeks made the right strategic choice in asking for a bench trial," Ohlin said.

Although he opted to represent himself, Beeks had a professional attorney on standby, and he serenaded her in a video posted on Twitter after his acquittal. In April 2022, the Associated Press reported that U.S. District Judge Trevor McFadden issued the first outright acquittal regarding a January 6 defendant when he acquitted Matthew Martin, who had been charged with illegally entering the U.S. Capitol and engaging in disorderly conduct. McFadden was nominated by former President Donald Trump. Martin's trial, like Beeks', was a bench trial and no jury was present.

McAuliffe told Newsweek that the Beeks case is an example of why the U.S.'s criminal justice process works.

"The Beeks case, while unusual, is a reminder that the criminal justice process works, and the burden remains on the government to present evidence in court of a person's criminal culpability. That's true even in cases involving the riot at the Capitol on January 6th," McAuliffe said.

Correction 07/13/23, 9:45 a.m. ET: This article was updated with the correct spelling of Michael McAuliffe's name.